BENIBAI Vs. REGIONAL P.F. COMMISSIONER

JUDGEMENT

(1.) THE petitioner before this court a widow aged about 77 years is claiming pension. Her contention is that her husband was an employee serving Indore Malwa United Mills ( A unit of National Textile Corporation) an Establishment governed under the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952. The husband of the petitioner was a member of Employees Family Pension Scheme, 1971 and regular contributions towards provident fund were deducted by the employer and were deposited with the Regional Provident Fund Commissioner, Indore.

(2.) THE petitioner's contention is that her husband became critically ill in the year 1990 and as he was in need of money he submitted a letter of resignation on 25 -05 -1990 stating therein categorically that he is in need of money for his treatment and, therefore, as he needs gratuity amount and provident fund amount for treatment, his resignation should be accepted. Unfortunately, before any amount could have been paid to the husband of the petitioner he expired on 25 -06 -1990.

(3.) -05 -2005 rejecting the claim of the petitioner deserves to be set aside. 4. On the other hand learned counsel appearing for the Provident Fund Commissioner has vehemently argued before this court that a detailed enquiry took place in the matter and based upon the resignation, which is also on record as Annexure -R -1, which was duly accepted by the Employer, a finding of fact was arrived at by the Provident Fund Commissioner about request of the petitioner's husband to retire him and it has been established that the request of the petitioner's husband was accepted on 25 -05 -1990. It is also been stated that the employer in the year 1993 has submitted a form under the Pension Scheme, 1952 informing the Provident Fund Commissioner that the petitioner's husband has submitted his resignation and the date of leaving service has been shown as 26 -05 -1990.