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SHARE IN PROVIDENT FUND - EMPLOYEES' PROVIDENT FUNDS ACT WITH SCHEME - (A married daughter is not entitled to claim any share in provident fund accumulation lying to the credit of her deceased father) - The Employees Provident Funds and Miscellaneous Provisions Act, 1952

Deceased Asaram was an employee. He had two wives viz. Mirabai and Malanbai. The plaintiffs were the daughters of Asaram and after his death, they claimed all the dues of provident fund payable to him. The appellant - Regional Provident Fund Commissioner was joined as defendant No.2 in a suit filed by the plaintiffs to claim the amount of provident fund which was payable to the deceased. The trial Court decreed the suit and directed defendant Nos. 1 to 4 to pay jointly and severally the amount of Rs. 7422/- to plaintiff No.1 Sharada. In appeal the decree was modified and defendant Nos.1 to 3 were directed to pay jointly and severally Rs. 6288/- and 1/4 share of pensionary benefit to plaintiff Sharada. It appears that during the pendency of the suit, the other daughter Shalini passed away. Being aggrieved, the appellant RPF Commissioner filed the present second appeal to challenge the said order.

The.High Court observed that undisputedly Malanbai, widow of Asaram was the nominee in respect of the dues payable by the RPF Commissioner. Accordingly, all the dues were released in favour of Malanbai, Defendant No.4. The High Court further observed that upon marriage being performed the surviving daughter would not be entitled to claim any share in those dues. She is not a nominee and therefore she is not entitled to monetary dues. The High Court therefore, held that the orders passed by the trial Court and Appellate Court were therefore not sustainable. Hence, the second appeal was allowed and the Appellant was permitted to withdraw the dues.

- Regional Provident Fund Commissioner Nagpur vs. Sharada Kashinath Badwaik & Ors. H.C.Bom. 2017

The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952


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