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Epfo claim

Querist : Anonymous (Querist) 31 January 2012 This query is : Resolved 
I am HIV+ for the past 15yrs and now i am on 2nd line ART for 5yrs.

A) I AM WORKING IN AIR INDIA FOR THE PAST 21YRS AS A CONTRACT LABOUR WITH EPF,ESIC AND OTHER BENEFITS UNDER THE MINIMUM WAGES ACT..

B) I AM SINGLE AND ALONE DESPITE HAVING 2 WELL SETTLED BROTHERS.

C) I STAY IN A SLUM IN MUMBAI ALONG WITH MY AILING 74YRS PARALYSIS SUFFERING MOTHER.

D) THE ROOF OF MY HOUSE IS IN SHAMBLES IN SHORT THE HOUSE IS A WRECK.

E) LAST YEAR I APPLIED FOR A EPF LOAN TO REPAIR MY HOUSE AND IT WAS DENIED BECAUSE THE TITLE PAPERS WERE IN MY DECEASED FATHERS NAME.

F) WHILE CLAIMING THE LOAN I HAD NOT DISCLOSED MY HIV+ STATUS TO THE EPF.

G) CAN THE LAW INTERVENE IN MY CASE SINCE I DO NOT NEED ANY SOCIAL SECURITY AND CLOSE MY PF CONTRIBUTIONS AND KEEP ON WORKING TILL I AM FIT TO WORK.

" I WANT CITATIONS, JUDGMENTS OF HC AND SC SIMILAR TO THIS CASE"
Arvind Singh Chauhan (Expert) 31 January 2012
You should file a writ in High court.
Devajyoti Barman (Expert) 31 January 2012
If you not wish to take the bounty of the State no law would force you to recive the same.

Your loan would be denied if you could not satisfy the title and hence for this purpose do obtain succession certificate of heirship certificate with NOC of your mother.
Raj Kumar Makkad (Expert) 31 January 2012
The EPF cannot be stopped at your own desire once it is continued and you are in service. It shall be better to leave job and obtain the accumulations and thereafter join at some other place/job.
Sudhir Kumar, Advocate (Expert) 31 January 2012
I will add to what Mr Makkar says taht EPF will be compulsory even in new employmetn if employer is covered/coverable.
Raj Kumar Makkad (Expert) 31 January 2012
Yes. You are right Sudhir.


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