S SUNDARAM Vs. REGIONAL EMPLOYEES PROVIDENT FUNDS

JUDGEMENT

(1.) The appeal is preferred against the judgment and decree passed in O.S, No. 108 of 1991, dated 2.8.1993, on the file of Subordinate Court, Nagercoil. The suit was filed for a declaration that the plaintiffs 1, 5, 6 and 7 and the 5th defendant alone is entitled for a sum of Rs. 31,324/- with interest available with the first defendant/Regional Employees Provident Funds.

(2.) The brief facts of the case are as follows: One Sankaranarayana Pillai was contributing to his Employees Provident Funds Scheme in K.R. No. 914/1 with the first defendant/Regional Employees Provident Funds at Kerala. He had nominated his wife one Chellammal as nominee. The said Chellammal died on the morning of 17.5.1986 and on the evening of 17.5.1986, the said Sankaranarayana Pillai had also died. One Kolappan and Sundaram are his sons and Meenakshi and Padmavathi are his daughters. The said Kolappan predeceased his parents leaving behind the first plaintiff (widow) and the plaintiffs 2 to 7 and the 5th defendant, as his legal heirs. The second defendant is the son of Sankaranarayana Pillai. The defendants 3 and 4 are the daughters. There is a dispute between the parties regarding who has to receive the amount available with the first defendant, under the Employees Provident Funds Scheme. However, the present suit was filed by the legal heirs of the predeceased son Kolappan, to declare that they are entitled to receive the money excluding the son and daughters of Sankaranarayana Pillai.

(3.) Before the trial Court, they relied on the Scheme Rule 70(ii) of the Employment Provident Fund and Miscellaneous Provision Act, 1952, which would state that the widow and the minor children of the predeceased son are entitled to receive the Provident Fund.