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Epf benefits

Respected Sir/Madam,

An employer has failed to include an employee in EPF account while he was in service. The employer is registered under EPF and employee’s salary was eligible to include him under EPF.

Unfortunately, the employee died in an accident while he was on-duty of the employer - that is the death has happened arising out of and in the course of employment.

Legal heir (wife) of the died employee petitioned the EPFO office as she did not get the benefits under EPF Act due to the reason that the employer failed to include the died employee under EPF while he was in service.

Failure to include the employee under EPF was an apparent violation of law by the employer. However, the EPFO disposed legal heir’s petition saying that no employee can be a member after he demises.

Kindly advise the legal heir of the demised employee to get her legal benefits under EPF Act.

Humbly Requested


 5 Replies

Sudhir Kumar, Advocate (Advocate)     27 June 2021

what is the decision of the RPFC on her petition.

1 Like


Respected Sir,

I am quoting below the text appearing in the reply letter of EPFO on her petition:

“It is informed that Enrolling a employee after their demise and extending benefits under the 3 schemes are not tenable. Hence requisition submitted to this office will not be considered.”

The 3 schemes they mean are:


  1. Provident Fund;

b. Family Pension; and

c. Employees Deposit Linked Insurance Scheme

The legal heir is a widow with two small kids and with her mother-in-law who is a cancer patient.

We humbly request your kind suggestion for further course of action to be taken by legal heir.

Thank you very much sir.

G.L.N. Prasad (Retired employee.)     27 June 2021

The EPF is not concerned with that.  You have to contact the local Labour Commissioner for further remedy, as the employer has failed to get the PF benefit.  There may be a fraud element also if the emoluments disclose deduction but the employer retained the amount misused.  It is the duty and responsibility of the employer to inform EPF about the employee and remit his subscripttions together with their contribution to EPF.  

1 Like

P. Venu (Advocate)     27 June 2021

This is an unusual situation. The best and viable option is in filing a Writ Petition. In the meanwhile, you may ascertain the material facts, esp. whether it is actually a case of mischief than a mistake.

1 Like

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

She can file a complaint agaisnt the employer under workman's compensation act claiming the releif of compensation for the negligence on the part of the employer for his failure to ensure that the employee's name not included in the EPF.

If the labor commissioner is not entertaining the claim for compensation then she may approach high court with a writ petition against the employer claiming a similar relief owing to the employer's irresponsible and negligent attitude towards the welfare of the employee for such a debacle and also for not adhering to the law of the land which makes it mandatory to include all the employees as a member  under the EPF scheme 

1 Like

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