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    Home»News»IR & Labour Laws»Missing employer records can’t block higher pension
    IR & Labour Laws

    Missing employer records can’t block higher pension

    The Bombay High Court has ruled that employees cannot be punished for employers’ record-keeping failures; pension rights must be judged on available evidence.
    mmBy Liji Narayan | HRKathaMarch 30, 20262 Mins Read6810 Views
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    The Bombay High Court has ruled that employees cannot be denied higher pension benefits just because their employer failed to keep certain paperwork. The case involved Kiran Rajaram Jadhav, a pharmacist who worked for Haffkine Bio-Pharmaceutical Corporation for nearly 37 years. After retiring in January 2024, he applied for a pension based on higher wages, as allowed by a 2022 Supreme Court ruling.

    The Employees’ Provident Fund Organisation (EPFO) rejected his application in March 2025, saying the employer had not submitted Form 6A and monthly challans for older years. These documents show annual contributions, but the Court said it is the employer’s duty to maintain them—not the employee’s.

    Justice Amit Borkar found EPFO’s rigid approach unfair. He noted that other records, such as Form 3A and EPF account statements, contain the same information.

    If these are available, the claim should not fail just because one form is missing. The Court stressed that pension is a right earned through years of service, not a favour, and employees should not suffer due to technical lapses by their employer.

    The Court highlighted three key points: Pension laws are meant to support workers after retirement, not create hurdles; once an employee shows contributions were deducted, it is up to the employer and EPFO to verify records; real evidence such as account statements should matter more than missing paperwork.

    The High Court quashed EPFO’s rejection and ordered the case to be reconsidered. Now, the EPFO must review all available records and decide within eight weeks. If Jadhav qualifies, his pension benefits must be released within another eight weeks.

    Amit Borkar judgment Bombay High Court Employee employee cannot be penalised employee protection Employee Provident Fund employee rights Employees’ Provident Fund Organisation (EPFO). employer EPF account statements EPFO EPFO order quashed EPFO rejection overturned Form 3A Form 6A Haffkine Bio-Pharmaceutical case higher pension rights HR Human Resources Indian judiciary pension Justice Amit Borkar Kiran Rajaram Jadhav pension law India PF records pharmacist who worked for Haffkine Bio-Pharmaceutical Corporatio retirement benefits India statutory records employer duty Supreme Court pension ruling welfare schemes Workforce
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    Liji Narayan | HRKatha

    HRKatha prides itself in being a good journalistic product and Liji deserves all the credit for it. Thanks to her, our readers get clean copies to read every morning while our writers are kept on their toes.

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