RITA CHHETRY Vs. EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. P.K. Roy, learned Senior Counsel assisted by Mr. S.K. Chakraborty, learned counsel for the respondent nos.1, 2 and 3. None appeared for respondent No. 4.

(2.) The challenge made in this writ petition is to the impugned communication dtd. 23/8/2021 issued by the Public Relation Officer, Employees' Provident Fund Organization, Tinsukia, Assam to the M/s C.M. HO & Co., Makum Junction, Makum, Tinsukia, whereby, the deceased husband of the petitioner is held to be not eligible for Employees Deposit Linked Insurance Scheme Benefits (herein after EDLI Benefits in short) as he had died after resignation and the reason for leaving service is mentioned as "Death away from services".

(3.) The case of the petitioner, in brief, is that her husband Late Gobinda Bahadur Chhetry, who was an employee of M/s C.M. HO & Co., a private company deals with manufacturing of Tea factory machines, had died on 10/12/2019 while in service. At the time of his death the husband of the petitioner was discharging his duty as Factory Manager. The deceased husband of the petitioner joined his duty on 1/12/1987 and therefore, his due retirement was on 9/1/2022.