LAWS(JHAR)-2013-7-13

KUSUM CHAUHAN Vs. REGIONAL PROVIDENT FUND COMMISSIONER, RANCHI

Decided On July 05, 2013
Kusum Chauhan Appellant
V/S
REGIONAL PROVIDENT FUND COMMISSIONER, RANCHI Respondents

JUDGEMENT

(1.) The petitioner has approached this Court seeking a direction upon the respondents for payment of the benefits under the Employees' Family Pension Scheme, 1971.

(2.) By filing I.A. No 3516 of 2011, order dated 12.11.2003 whereby the claim of the petitioner was rejected, has been brought on record. A prayer seeking amendment in the prayer clause of the writ petition was made which was allowed by order dated 11.04.2013 and thus, order dated 12.11.2003 has also been challenged by the petitioner.

(3.) The brief facts of the case as disclosed in the writ petition are that, the petitioner is the widow of one Harilal Chauhan, who was working in M/s Katras Ceramics & Refractories Pvt. Ltd, Dhanbad. The husband of the petitioner died on 16.03.1979. It is stated that the employer contributed its contribution to the family pension fund from August, 1975 to February, 1979, however, after the death of the husband of the petitioner, petitioner was not granted the benefits under the Employees' Family Pension Scheme and the claim of the petitioner for grant of monthly family pension has been rejected by order dated 12.11.2003.