• Right to pension

My late mother joined sainik primary school bikaner in 1988 as a primary teacher.over the years the school got converted into Army school bikaner and finally to Army public school bikaner.
the school became member of EPF in 1994 and she also became member and started contributing to fund.
she finally retired in 2005 at the age of 60.her pension was denied because at her 58th year her membership was calculated to be of 9 years and 4 months.
She passed away in 2013 and when I came in poccession of all her papers and all and while going through her correspondance in her pension claim I felt that justice has not been done here.why her 22 years of service can not be taken into consideration and those 9 years and 4 month of service is given importance. It was not her fault that school became memberof EPF in 1994 and not earlier.
My all recent correspondence with EPF jodhpur has given me the same answer which they have given to my mother.
I want  to know what lragal measure can be taken in this regard
Asked 2 years ago in Labour from New Delhi, Delhi
1. With effect from 31-12-1960, the establishments employing 20 or more persons were also brought under the purview of the Act. Presently an employee at the time of joining the employment and getting wages upto Rs.6500/- is required to become a member. Now an employee is eligible for membership of fund from the very first date of joining a covered establishment. The 12% contribution made by the employee from his salary goes into his EPF fully, but the 12% contribution which his employer makes, out of that 8.33% actually goes in EPS (subject to maximum of Rs 1250) and the rest goes into EPF.

2. To avail EPF, you must complete 10 yrs of service and your age must be 58 yrs or above. An employee can continue his job while receiving his monthly pension. However, he cannot be a member of EPS and hence no more fresh contribution to EPS. When judged on the parameters of law your mother is not eligible to claim EPF.

Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Nothing to worry. File writ petition in high court you will get justice. Do explain the delay in filing the writ petition.
Devajyoti Barman
Advocate, Kolkata
12554 Answers
161 Consultations

5.0 on 5.0

A minimum period of ten years of contributory service is required to be eligible to receive monthly Pension.

2) Contributory service means the period of actual service rendered by a member for which contributions to the fund have been received or are receivable. 

3) in your mother case she became member of EPF in 1994 and started making contributions to the fund .

4)  Actual Pension shall become payable after completion of 58 years of age and will depend on contributory service and pensionable salary, which shall be average monthly pay drawn during the contributory period of service in the span of 12 months preceding the date of exit. 

5) in your mother case hr membership was calculated at 9 years 4 months and hence was in eligible for pension 
Ajay Sethi
Advocate, Mumbai
44405 Answers
2581 Consultations

5.0 on 5.0

Employees who are members of EPF will automatically become the members of EPS.
Along with employer contribution of 8.33%, Central Govt. also contributes 1.16% of employees’ monthly salary. Here the meaning of salary means Basic+DA. The rulebook still sticks to the old salary limit of Rs.6, 500 limits for an employer and central government contribution. However, after the new rules, the limit should be raised to Rs.15, 000.
The pensionable service is determined by the number of years the employer contributed on behalf of employee.you. If the employer failed to deposit the amount then such months are not considered for calculation of service. In your mother's case she became member of EPF in 1994 and started making contributions to the fund . In your mother's case her membership was calculated at 9 years 4 months and hence may not be eligible for pension To avail such pension, your mother should have completed 10 years of service and her age to be  between 50 yrs to 58 yrs. To avail such early pension, an employee must not be working.

However you may file a writ to consider your case on humanitarian grounds in view of her past services with the employer. 
T Kalaiselvan
Advocate, Vellore
34550 Answers
372 Consultations

5.0 on 5.0

1. The school has become member of EPF 9 years 4 months before your mother retired,

2. As per rule, she is falling short of her service for being eligible to claim pension,

3. Why the school did not become member of EPF is not an acceptable logic to claim pension for your mother legally.
Krishna Kishore Ganguly
Advocate, Kolkata
18161 Answers
438 Consultations

5.0 on 5.0

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