Compensation for Employer's Faults

Respected Sir/Madam,

My relative was working as driver and died when he was driving the company’s vehicle. The company is covered under both EPF and ESI.

However, the company did not cover him under EPF but covered under ESI.

During his service, the driver worked overtime also as per company requirements. However, he was paid only single rate of salary, even after requesting the company for double rate.

He was eligible person under EPF. When he was alive, he was frequently requested the company to cover him under EPF. However company did not covered him under EPF.

It was company’s default for not covering him under EPF.

The driver had four dependents: his mother, his wife and his two children. All of them are legal heirs of the driver.

After the driver’s on-duty death, his wife approached the EPFO. After EPFO’s Order the company paid the contribution and the driver’s legal heirs got PF, EDLI and Pension. However, the driver’s mother has not received pension under EPF saying her age is 58.

It took around two-and-half years to get EPF benefits for her. She taken many efforts to get EPF benefits like petitioning the EPFO, regular follow-ups, and she incurred expenses also.

She suffered mental agony and frustration during her continuous efforts to get EPF benefits.


My Queries are:


1. For the mental agony and frustration suffered and expenses incurred by driver’s wife, can she claim for damages / compensation from the company as not covering the driver under EPF was company’s fault?


2. Can she claim for double rate of wages entitled to his deceased husband which was denied by the company?


3. If she can claim, please advise the appropriate law and forum. Please advise any case laws also.


4. Is there any possibility for the mother of the deceased driver to get pension under EPF?


Thank you for your kind support.