S.REVATHI Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioner has come forward with this Writ petition seeking direction to the respondent to release the Employees Provident Fund Pension to the petitioner as per the nomination made by the deceased employee viz., petitioner's son under the Employees Provident Fund Scheme from the date of death of the deceased employee on 21/2/2015, without insisting the particulars of the petitioner's husband.

(2.) The case of the petitioner is that the petitioner got married to one Sankaran in the year 1988 and from out of their wedlock, three children were born to them and thereafter the husband of the petitioner viz., Mr.Sankaran deserted the family in the year 2005. It is further stated that the first son of the petitioner viz., Karthikeyan joined for work in M/s. CSS Corp Private Limited at Ambattur, Chennai and died in a road accident on 21/2/2015. It is further stated that the petitioner being the mother of the deceased approached the EPF authorities through the employer for disbursement of pension, in view of her capacity as a nominee and, but the authorities have not released the pension, as the details of the husband of the petitioner has not been furnished. Therefore, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

(3.) Mr.Ramu, the learned counsel appearing for the respondent Department submitted that in terms of 16 (5)(aa) of the Employees Pension Scheme 1995 , in case of non nomination, the father of the deceased would be entitled to get full pension and in the event of death of the father, mother would be entitled to pension till she survives and whether other dependants are entitled to or not is not an issue in the present Writ Petition. He further submitted that the writ petitioner should have filed FIR pertaining to the complaint given by her on account of missing of her husband and if his whereabouts are not found, she ought to have obtained certificate from the police, thereafter produce the same in order to enable the EPF authorities to process the papers and extend pensionery benefits to the petitioner. Since, the same has not been done, EPF will not be in a position to release any amount against the provisions of pension scheme 1995.