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Madam,
With regard to your fear of "dependent father/mother," please go through the case law which may be relevant to your case:
Case No/Ref: 1995=I-LLJ-78.
Between: M/s. Singhal & Co., and Hussain Ali and another.
Court: The High Court of Allahabad.
Matter for consideration: Under what circumstances can the father of a deceased workman be considered as "dependent" and entitled to the claim under the Workmen's Compensation Act?
HELD: The father of a deceased workman can be considered dependent only if it is specifically established that he was wholly or partially dependent on the earnings of the workman at the time of death, besides establishing the relationship. An issue has to be framed, and the commission has to give a finding whether the father was wholly or partially dependent on the earnings of the deceased. Awarding compensation without considering the meaning of the word "dependent" merely on the basis that the claimant is a "father" is not correct.
Kumar.s.
From India, Bangalore
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With regard to your fear of "dependent father/mother," please go through the case law which may be relevant to your case:
Case No/Ref: 1995=I-LLJ-78.
Between: M/s. Singhal & Co., and Hussain Ali and another.
Court: The High Court of Allahabad.
Matter for consideration: Under what circumstances can the father of a deceased workman be considered as "dependent" and entitled to the claim under the Workmen's Compensation Act?
HELD: The father of a deceased workman can be considered dependent only if it is specifically established that he was wholly or partially dependent on the earnings of the workman at the time of death, besides establishing the relationship. An issue has to be framed, and the commission has to give a finding whether the father was wholly or partially dependent on the earnings of the deceased. Awarding compensation without considering the meaning of the word "dependent" merely on the basis that the claimant is a "father" is not correct.
Kumar.s.
From India, Bangalore
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Madam,
The attached cases referencing and write-up, which are relevant to your case, and provide some insight into the whole issue of a widow's rights, may help you understand some vexed problems and the legally available solutions. This includes a Supreme Court judgment that will apply to the whole of India regarding the settlement of your late husband's service benefits to the nominee.
Kumar S.
From India, Bangalore
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The attached cases referencing and write-up, which are relevant to your case, and provide some insight into the whole issue of a widow's rights, may help you understand some vexed problems and the legally available solutions. This includes a Supreme Court judgment that will apply to the whole of India regarding the settlement of your late husband's service benefits to the nominee.
Kumar S.
From India, Bangalore
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Hi to the forum,
I hope I will get a solution for my query. Who is eligible for EDLI? If a company possesses a PF trust, is EDLI applicable for an employee (my husband is no more)? Can I claim that as a legal heir? They are not tied up with any other insurance (LIC). My husband worked with that company for 5+ years. Please clarify this for me.
Thanks,
Rajani
From India, Bangalore
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I hope I will get a solution for my query. Who is eligible for EDLI? If a company possesses a PF trust, is EDLI applicable for an employee (my husband is no more)? Can I claim that as a legal heir? They are not tied up with any other insurance (LIC). My husband worked with that company for 5+ years. Please clarify this for me.
Thanks,
Rajani
From India, Bangalore
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Madam,
You will find attached the relevant extract of the EDLI Rules which are applicable to you. This will guide you towards claiming your benefits under the EDLI scheme as a "Nominee" or legal heir. You have to check with your husband's employer PF Trust whether your husband had included you as a "Nominee" and process your claim.
All the best.
Kumar S.
From India, Bangalore
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You will find attached the relevant extract of the EDLI Rules which are applicable to you. This will guide you towards claiming your benefits under the EDLI scheme as a "Nominee" or legal heir. You have to check with your husband's employer PF Trust whether your husband had included you as a "Nominee" and process your claim.
All the best.
Kumar S.
From India, Bangalore
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Sir,
Thank you for your response. I am aware that the member in EPF is eligible for EDLI. I am the legal heir of my husband's terminal benefits. However, the company only paid the PF (employee & employer) contributions and did not include the EDLI amount, even though I submitted the EDLI form 5(IF). They are refusing to settle the EDLI claim, stating that their trust is not covered by EDLI.
I am questioning why they are not covered by EDLI. If they have a PF trust, why is it not included in the EDLI coverage? Instead of EDLI, they do not have any other insurance in place.
Rajani
From India, Bangalore
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Thank you for your response. I am aware that the member in EPF is eligible for EDLI. I am the legal heir of my husband's terminal benefits. However, the company only paid the PF (employee & employer) contributions and did not include the EDLI amount, even though I submitted the EDLI form 5(IF). They are refusing to settle the EDLI claim, stating that their trust is not covered by EDLI.
I am questioning why they are not covered by EDLI. If they have a PF trust, why is it not included in the EDLI coverage? Instead of EDLI, they do not have any other insurance in place.
Rajani
From India, Bangalore
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