VARADAKKAL Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The plaintiff in O.S.No.1351 of 1984 on the file of the District Munsif, Coimbatore, is the appellant. The suit has been filed for recovery of a sum of Rs. 10,264.35 with future interest on the ground that her husband one Palanisamy Konar died on September 10, 1976, who was working in Varadaraja Mills. During his employment he made contribution towards Employees' Provident Fund and he had nominated one Palaniammal, his concubine, as the successor for the benefit. However, immediately after the death of the said Palanisamy Konar, the appellant, through her counsel, issued notice under Ex.A-10, claiming the death benefit of her husband.

(2.) The appellant also filed O.P.No. 159 of 1977 on the file of the Sub Court, Coimbatore, claiming Succession Certificate for 1/3rd share, giving out the 2/3rd share to the sons of her husband through his concubine. As the respondents did not pay the amount the suit was filed.

(3.) In the written statement, the first respondent has stated that the amount had been disbursed to the said Palaniammal, the nominee of her husband on July 12, 1977. Since the amount had already been disbursed to the said Palaniammal, the nominee, it is open to the appellant to recover her 1/3rd share from her.