GAUHATI HIGH COURT ISSUES ORDER ON RITA CHHETRY V/S THE EMPLOYEES PROVIDENT FUND ORGANIZATION AND 3 ORS.

GUWAHATI, India, July 3 -- Gauhati High Court issued the following order on June 3:

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 dated 23.08.2021 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 01.12.1987 and therefore, his due retirement was on 09.01.2022.

4. The petitioner claims that her husband attended his office on 07.12.2019 and 08.12.2019 was the Sunday. On 09.12.2019 and 10.12.2019, the office was closed due to CAA protest and on 10.12.2019, the husband of the petitioner has suddenly expired. It is contended that the petitioner's husband never resigned from his service during his lifetime, therefore, the petitioner and other legal heirs of her husband are entitled to all the service benefits including the EDLI benefits from Employees Provident Fund Organization.

5. The petitioner after the death of her husband submitted the composite claim form SIF (EDLI) in the office of M/s C.M. HO & Co., and accordingly, the application was forwarded to the office of the Assistant PF Commissioner, SubRegional Office, Tinsukia, Assam enclosing all the relevant documents for release of the Insurance benefits claim from the office of the Employee's Provident Fund Organization.

6. It is contended that while forwarding the claim form of the petitioner, the office of M/s C.M. HO & Co. had inadvertently made a mistake that the petitioner's deceased husband left his service on 07.12.2019 and subsequently, the same was clarified vide letter dated 03.07.2020, 26.09.2020 and 26.02.2021 by stating that reflecting the date of leaving of the petitioner's husband from his service on 07.12.2019 was a mistake.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfKZedSeqK0W9XqFADid4l%2BL6vtH5cphDP9W4T3Nh37cR&caseno=WP(C)/3536/2022&cCode=1&cino=GAHC010100242022&state_code=6&appFlag=)

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