- (1.) The present writ petition has been filed for issuance of an appropriate writ, order or direction in the nature of mandamus, commanding upon respondent No. 1 to mention the names of Manish Kumar and Amit Kumar, minor sons of the petitioner, as the nominees in the Provident Fund Account of their father (the petitioner herein) and also to incorporate their names in the list of dependants.
(2.) Learned Counsel for respondent No. 1 has referred to a letter dated September 9, 2006 (Annexure A/1 to the counter affidavit) issued to the Regional Provident Fund Commissioner, Ranchi regarding inclusion of the names of Manish Kumar and Amit Kumar as nominees in Form 2. In compliance to the said letter the Employees Provident Fund Organization, Ministry of Labour, Government of India, Regional Office, Jharkhand, Ranchi vide its letter dated 11.10.2006 has written a letter to the Secretary, Provident Fund Trust, Board of Trustees, Hindustan Steel Provident Fund, Ranchi, indicating that as per the provisions contained in para 61(3) of the E.P.F. Scheme, 1952 a nomination can be made only in favour of the persons falling within the definition of family. It is also stated that the term "family" has been defined under Section 2(g) of the E.P.F. Scheme, which reads as under: "Family" means: (a) Wife in the case of male member of the Employees Pension Fund; (b) Husband in the case of a female member of the Employees Pension Fund; and (c) Sons and daughters of a member of the Employees Pension Fund; Explanation : The expression "sons" and "daughters" shall include children (legally adopted by the member.
(3.) He has also submitted and referred that the validity of the marriage was under litigation and Second Appeal No. 7 of 2004 is pending in the Court. In the aforesaid background, the following two propositions have been raised for necessary action, while are set out as under: (1) The nomination is valid only in respect of members falling within the definition of family. Any nomination beyond family is void. (2) As far as pension is concerned, it is admissible to even illegitimate children.;