The court ordered that till the certificate is not received from the police, 50% of the pension amount should be given to the woman. Later, on submission of the certificate, the remaining 50% PF fund will be released to the woman.
Madras High Court has given a big decision regarding family pension. The case is related to a woman whose husband left her long ago. Later this woman’s son died in a road accident. The woman had approached the Madras High Court to get her husband’s family pension. Considering all the circumstances of the woman, the court ruled in her favor. The court asked the EPFO to show compassion towards the woman and give the benefit of family pension.
Justice S Vaidyanathan of Madras High Court gave his verdict in this case and gave great relief to the abandoned woman. In his judgment, Justice Vaidyanathan directed the Regional Commissioner of EPF to release the EPF pension. The woman’s husband had left her 15 years ago. The son was entitled to family pension under the EPF scheme but he too has died. In this situation, the woman had appealed to the court for family pension. The court directed to give family pension from February 2015, the date on which the son died. The court said that the woman should not be asked for more information about her husband as they have already left the family.
what the court said
The court sought from the woman a copy of the complaint lodged with the police, which was to be recorded that her husband had left long ago. On this, the woman’s lawyer told the court that the police may not accept the complaint as the husband had left his wife 15 years ago. Time has passed, so the police can ignore it. On behalf of the petitioner, the lawyer urged that without the copy of the complaint, if an order is given to release the EPF pension, then there will be a big relief.
this is the case
After considering all the provisions of the EPF Act, the judge said that in this particular circumstance only the father of the deceased son is entitled to family pension and when he dies, the mother can get the benefit of pension. This pension will be available as long as the woman is alive. Since the deceased son was unmarried, the petitioner would have to file a complaint with the police in which she would have to inform about her missing husband. On this basis a certificate will have to be obtained from the police. On the basis of this certificate, pension related benefits can be taken, but the woman did not do so.
court order
On this basis, the court directed the woman to file an FIR with the police and also ordered the police to approve it. This work should be done within a month and the police after accepting the complaint should issue a community service register number to the petitioner. The police were ordered to trace the woman’s husband on the basis of the complaint and whether he is alive or not traceable. On this basis, EPFO can give pension related benefits to that woman. When the woman submits the certificate received from the police, then all the pension benefits of her deceased son will be given to her.
The court ordered that till the certificate is not received from the police, 50% of the pension amount should be given to the woman. Later, on submission of the certificate, the remaining 50% PF fund will be released to the woman.
