Pay up: Kerala High Court rejects cash crunch excuse for KSRTC’s provident fund dues

It was further observed that each of the petitioners was entitled to quantified sums ranging from approximately Rs 2.24 lakh to Rs 5.03 lakh, which had remained undisputed but unpaid.

Taking note that there was no dispute regarding entitlement and that the delay was solely on account of the corporation’s financial constraints, the court held that such dues cannot be withheld indefinitely once they are legally payable.

Accordingly, the Kerala High Court disposed of the petition by directing KSRTC to sanction and disburse the provident fund amounts applied for by the petitioners without delay, and in any case, within an outer limit of three months.

GPF must be shared with mother, wife

Previously, the Supreme Court allowed a woman’s plea to receive her share of the general provident fund (GPF) amount accumulated through her late husband’s employment despite his mother being the only nominee.

A bench of Justices Sanjay Karol and N Kotiswar Singh found that the nomination form itself makes such a nomination void after the subscriber acquires a family, and allows the distribution of funds with all eligible family members in equal shares.

The bench, while allowing the wife’s plea, noted that the nomination was in favour of the late employee’s mother, but added, “The condition stipulated in the nomination form rendered such nomination, at the time of death, void.”

The apex court further said that the provident nomination form and its clause itself do not provide a better claim to the mother over the employee’s wife.

The husband, in this case, was a government official who married the petitioner in 2003 and subsequently nominated her as a recipient for other service benefits, but did not change the nominations for GPF.

The Supreme Court noted that the wife had already received her share of GPF as per the previous order of the Central Administrative Tribunal (CAT) and directed the release of the other half of the remaining funds to the employee’s mother.