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Hallo Friends and respected seniors

Greetings of the day!

Need your advise on the following case

Summary__________________________

An employee was working in an company wherein he was covered under EDLI. however the company stopped EDLI contribution as company decided to take out an Group LIC policy for all the employees and hence took exemption from the EDLI authorities for the same

Now, an employee died in between ( between the time EDLI contribution was stopped and a new policy was taken). However upon confirmation from the company, company shows up a letter they have written to the LIC wherein they asked for settlement of claim.

Issue---

1 company is not sharing with us the policy details wherein the terms and condiions of the policy can be ascertained and also to verify whether the deceased was covered or not, how to resolve this?

2 Secondly, let us assume that the employee was not covered under the LIC, so in that case and otherwise also, is the company liable to pay the compensation to the deceased family, if yes or no, the why so?

Would request you to answer this with substantial case laws or any other statuory laws to help us build this case and file the same in the consumer court to get justice

Regards

Rohit

From India, Chandigarh
EDLI can not be stopped before getting exemption from the EFPO. If the EPFO has given exemption (as it is understood from the post) the company should have remitted EDLI till then. That means the question of gap will not be there and there is no need of any contravercy with regard to payment of premium or EDLI. Only thing is that the company should know who will pay the amount, whether EPFO or LIC. The matter can be taken up with both and a consensus reached simply.
Regards,
Madhu.T.K

From India, Kannur
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