FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shankara Narayananan (NA)     14 October 2022

Time limit to file a case in court / law of limitation

Respected Sirs,

A driver worked in a private limited Company died in a road accident on 31.12.2019. The Employer Company is covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The deceased driver was eligible under the EPF Act for PF deduction and payment.

However, the Company failed to deduct PF from his salary. After the driver’s death, his wife filed a petition with the EPFO to get legal benefits under the EPF Act pertaining to her family and herself. On the basis of her petition, the EPFO has initiated an inquiry under section 7A of the EPF Act against the Company. At present, the EPFO's  inquiry under section 7A is going on.

In this context, please advise:-

1. As the process of 7A inquiry by the EPFO under the EPF Act is going on, is the Limitation Act applicable to this case?

2. The driver died on 31-12-2019. Hence, it is nearly three years after his death. Is there any time limit within which his wife should file a petition in the Court even though the inquiry by EPFO is going on?

Sirs, please advice on these points as this case should not become a time barred case. 

Please let me know if you require any other information to provide your legal advise. 

Thanks for your kind support.



Learning

 6 Replies

P. Venu (Advocate)     14 October 2022

"Is there any time limit within which his wife should file a petition in the Court even though the inquiry by EPFO is going on?"

What is  the petition you are referring to? Is it the Claim for compensation under the Motor Vehicles Act?

Shankara Narayananan (NA)     16 October 2022

Respected sir,

Thanks for your kind support.

The petition referred here is the petition filed by the deceased driver's wife with the EPFO claiming Provident Fund benefits.

The EPFO initiated Section 7A inquiry based on her petition only. She and her family is not getting PF benefits because of the gross violation of EPF Act by the Employer company. So she filed petition with the EPFO.

Please advise sir.
Thank you

P. Venu (Advocate)     16 October 2022

7A Enquiry is going on. So, why the question of limitation?

Shankara Narayananan (NA)     16 October 2022

Respected Sir,

My friend told me that any case should be filed in court within a particular time as per law. He said that If a case is not filed within a time limit it becomes time barred. Then we can not file case because court will dismiss it.

So we requested your kind advice in this regard.

We want to keep our case live and safe out of limitation.

Thanks sir

P. Venu (Advocate)     25 October 2022

Limitation for any furher action based on the decision of EPFO commences only after the date of the decision.

Facts posted suggest the proceedings with the EPFO are unduly prolonged. The status of the enquiry could be ascertained under RTI and the High Court could be approached through an appropriate Writ, if so required. 

For informed discussion of the issue, you may post the query at https://www.citehr.com/

Shankara Narayananan (NA)     27 October 2022

Respected Sir,

We sincerely thank you for your kind efforts and suggestions for our queries.

Thanks sir


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query