REKHABEN KAMLESHBHAI NANAVATI Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) By the present petition filed under Article 226 of the Constitution of India, the petitioner ­ mother of the deceased employee has made following prayers in para 7:

(2.) As per the facts stated in the petition, son of the petitioner late Shri Apurva K. Nanavati was working with M/s. WIN HEALTH CARE (DIVISION WIN MEDI CARE) PVT. LTD. and he was member of Provident Fund and after his death on 29.4.2009, the husband of the petitioner applied for dependent pension on 9.1.2012. However, the respondents gave him nominee pension instead of dependent pension. After some time i.e. on 3.5.2012, husband of the petitioner passed away and the petitioner was left with no earning member in the family. It is the case of the petitioner that on the death of her husband, she became entitled to receive dependent pension from the respondents. However, though she applied for such pension, no response is given to her which results into denial of the benefit of dependent pension to her under the Employees Pension Scheme, 1995 ("the Scheme" for short).

(3.) The petition is opposed by the affidavit in reply inter alia on the ground that the husband of the petitioner claimed nominee pension in Form 10B which was paid to him as per the provisions of para 16(5)(a) of the Scheme and, therefore, the petitioner is not entitled to receive the dependent pension.