ANIRUDDHA BAGCHI Vs. THE EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) It appears to this Court that the authority concerned under the notice impugned dated April 26, 2002, rejected release of Provident Fund accumulation standing in the credit of a deceased employee in favour of his nephew/Petitioner hereunder by treating him not a nominee after introduction of the Employees' Pension Scheme, 1995. This is both in respect of the Provident Fund and Pension. Thereby requested to inform Smt. Pratima Devi, mother of the deceased member to make an application in Form F/20 and F/5(IF), The mother is also dead. Such refusal of the order in the year 2002 is now challenged by the writ Petitioner herein by saying that there was only one mistake i.e. filing of Form No. 8 in the place and instead of Form No. 2 under the Employees' Provident Fund Scheme, 1952 which is hypertechnical one and could be avoided. Upon hearing the parties and going through the different schemes I do not think that the refusal is solely based upon such technical defeat. The definition of 'family' under para. 2(g) of the Employees' Provident Funds Scheme, 1952 and under para. 2(1)(VII) of the Employees' Pension Scheme, 1995, speak that the wife/husband, in the case of a female member, sons and daughters are entitied for the Employees' Provident Fund and Pension. The expression 'sons' and 'daughters' also include children legally adopted by the member. Only in para. 16(5) (a) of the Employees' Pension Scheme, 1995, a member who is not married or who does not have any living spouse and/or an eligible child may nominate a person to receive benefits as laid down herein after provided that in the event of his/her acquiring a family subsequently, the nomination so made shall become void and the event of death of the member such a nominee shall be entitled to receive a monthly pension equal to, the monthly widow pension etc.

(2.) The learned Counsel appearing for the Respondents contended that the definition of 'family' under the Employees' Provident Fund Scheme, 1952, will govern the field. It appears that the same is similarly placed with the Pension Scheme of 1995 relevant for the purpose. So far as the Form is concerned, I find from the Scheme of 1952 that the Form No. 2 is the particular Form which is to be filled up for nomination and declaration under the Employees' Provident Fund and Employees' Family Pension Scheme. According to me, there is a grey area in respect of the nomination for the Provident Fund and Pension Scheme. In both the schemes, a conservative outlook is taken to restrict the claim as regards the father, mother, son and daughter including the adopted sons and daughters. There is no scope of nomination in respect of second category or the other claimant. Possibly due to illiteracy previously such type of restrictions were being made. Now a days people are very much cautious about their respective claims. Therefore, the law is to be seen with the present outlook but, of course, with the cheak and balance. However, para. 16(5)(a) of the Employees' Pension Scheme, 1955, implies that in case of member who is not married or who does not have any living spouse and/or eligible child may nominate a person to receive benefits etc. which gives an indication that there can be an appropriate nomination of non -member within the wide connotation of the family so that the money should be recovered. If today's law is allowed to be silent without interpretation there might be a question of undesirable and unjust enrichment on the part of the authority. Until and unless such provision is made workable, the money will not go to anybody in absence of appropriate defination of 'family', and thereby the Provident Fund authority will enrich itself.

(3.) Therefore, on the interpretation of this Court, in case there is, no family member either the husband or the wife or the son or the daugher or the adopted son or daughter, the law of succession will take its own course to prevail the field and as a result whereof, such type of application should be made at first before the civil court for obtaining the succession certificate and on such basis, he or they will be entitled for releasing such fund. Immediately after receiving such certificate the authority concerned will scrutinise as to whether any of the family members or nominee is surviving to satisfy the test within a prescribed time to be provided by the authority for such materials and if necessary by way of public notice or advertisement and even then if ho such person is available the person who filed such succession certificate will be entitled to get the benefit.