For calculating date of superannuation of employee for payment of PF dues, should the date of birth recorded in their service records by the Company be considered or those entered in the records of PF Commissioner?

In Regional Provident Fund Commissioner V/s Bhavani, 2008, it was held that, for the purpose of calculation of date of superannuation, the date of birth as recorded in the service records of the Company shall be considered and not that recorded in the books of the PF Commissioner.

In the afore mentioned case, a woman who worked as a workman in a Company claimed to have retired in 2005 on reaching the age of 60. She was a member of the Employees’ Provident Fund and Family Pension Scheme, 1971, and was making contribution to the Scheme. In her service records maintained by the company her date of birth was shown as 31.12.1935 and though she was eligible for pension, the same was not ordered by the Regional Provident Fund Commissioner. The Regional Provident Fund Commissioner contended that the workman in question had retired in 1992, i.e. before the commencement of the Employee’s Provident Fund and Family Pension Scheme in 1993 and therefore was ineligible for Pension.

After considering the relevant documents produced by both sides the Hon’ble Supreme Court observed that the date of birth as recorded by the company were correct and not those recorded by the Regional Provident Fund Commissioner. Even though the Regional Provident Fund Commissioner contended that the workman had retired in 1992, it had not explained as to why it kept receiving her PF contributions till 1995.

Based on the above reasoning, therefore, the workman was deemed eligible to receive pension under the Employee’s Provident Fund and Family Pension Scheme.

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