Jyotiee Verma
My mother joined as teacher in sainik school bikaner in 1989.this school was merged with army school bikaner in 1991 and army public school was created. This school then registered with epfo in 1994 and employees were registered too.when my mother retired in 2005 her pension was denied as her membership was turning out to be 9 years and 4 month. When we complained to EPFO against school as why school did not registered earlier, the school has been given benefit of infancy period before registering in EPFO.
Is it a correct policy?? A teacher is denied pension even after working for more than 20 years in a institute. I think since management of both army school bikaner and sainik school bikaner were same they should be held accountable somewhere. My mother passed away in 2013 but I am still pursuing the matter.please guide me

From India, Delhi
Labour Law Index
180

Dear Jyotiee,
After the change in school, did your mother get another appointment letter or they got continued on the same contract. If she was on the same letter of appointment then she can claim PF easily.
Also if in 1991, the employee in the school were 20 or more than 20, they have to register. If they did not you can file a case with EPF Tribunal under section 7-A(1).
Or else you can go to the high court with a writ under article 226 read along with article 21.
See this for the full law Indian Labour Laws & Shram Suvidha Simplified

From India, Kolkata
saswatabanerjee
2383

Jyoti,
You did not lose anything actually.
Since your mother has not completed 10 years as a member of the EPFO, the entire amount that stands to her credit (both employe deduction and employer's contribution will be returned to the employee.
If she had completed 10 years, then only 3.66% would come to her and the balance would go to the fund to pay for the pension

From India, Mumbai
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