ANTONIO JOAO FERNANDES Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The appellant herein is plaintiff in Civil Suit No. 60/2005. This appeal has been filed by him against judgment/ decree dated 7/8/2007, by which the suit filed by him has been dismissed by the learned District Judge, Panaji.

(2.) Some facts are required to be stated to dispose of the present appeal. The parties hereto shall be referred to in the names as they appear in the cause title of the said civil suit.

(3.) The plaintiff is a cousin of one Joazinho Dias, whose sister is defendant No. 3 Smt. Libania Dias. The said Joazinho Dias was employed with defendant No. 2, Goa Shipyard Ltd., as a welder. He voluntarily retired from service on 31/10/2001. The said Joazinho Dias had filed his nomination and declaration form as required under the Employees' Provident Fund Act, 1952 and the Scheme framed thereunder. In the first nomination dated 29/5/1998, the plaintiff nominated his sister, the defendant No. 3. In the second nomination, dated 23/2/2001, he nominated the plaintiff and defendant No. 3 as persons entitled to receive the amount due, upon his death. By virtue of the said nomination, the plaintiff and defendant No. 3 were required to receive the amounts due in the said provident fund on 50:50 basis.