EDLI DEATH BENEFIT to EMPLOYEE - father was terminated and he was not proven guilty in any case

dhruvkumarvv@gmail.com
This matter is lengthy but necessary for understanding my query. I have a query regarding the EDLI scheme. My father served in a cooperative bank for 30 years, with 18 years as a general manager. He contributed to EPF for the entire 30 years. In 2003, he had a grievous accident and was on total bed rest for 10 months. Due to his absence, the bank wrongly accused my father of negative actions, which he did not agree with, causing a strain in the relationship with the bank management. This led to his termination by the bank in July 2004. The case is still pending in court, and no allegations have been proven against my father.

The Registrar of the state cooperative bank society partly supported my father, stating that the bank management should not hinder his duties. However, the bank management did not adhere to this and continued to make false charges against him. One such instance was when the bank accused my father of being responsible for a loan default by a customer, despite him simply carrying out his duties. The bank filed criminal and civil cases against him without proper investigation, violating guidelines.

In 2005, my father passed away due to a heart attack, just one year after his termination. However, EPFO stated that he was not in service at the time of his death, making us ineligible for EDLI insurance benefits. This decision seems unfair as my father served the bank faithfully for 30 years, and only a short time had passed between his termination and demise. We believe we are entitled to the EDLI insurance amount from 2005, as my father was not proven guilty of any charges.

We seek guidance on how to claim the EDLI benefits we believe we are entitled to. We request details on the process and any specific provisions in the EDLI scheme related to such cases. Our aim is to seek justice for my father's wrongful termination and to receive the benefits we deserve. At the time of his passing, I was a minor, and our family lacked knowledge of these matters. Your assistance in securing our rights and justice is greatly appreciated.
saswatabanerjee
Since your father was not in service at the time of death, PF authorities are not liable to pay EDLI. Their contention is correct.

The other matter is under dispute in court. It is a good idea to speak to a lawyer and add the plea to the court to order the PF authorities to pay PF if the court believes the termination was unfair or untenable. If the matter is time-barred, the court can still pass the order on the grounds that you were a minor at that time and incapable of taking legal action.

Beyond that, there is nothing I can see that would help you. Perhaps you need the help of a good lawyer, but it is an expensive route.
thatsmeajit1983
As your father was not in service at the time of his death, he is not entitled to EDLI benefits.

If your father challenged his termination in court and the court ruled in his favor, revoking his termination, the bank would issue his salary for the said period. In this case, you can file a separate suit for the EDLI claim based on the court order.
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