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    Home»News»IR & Labour Laws»‘Can’t penalise employees for employers’ record gaps’: Bombay HC
    IR & Labour Laws

    ‘Can’t penalise employees for employers’ record gaps’: Bombay HC

    The EPFO cannot deny higher pension simply because their employer did not submit correct documents said the HC
    mmBy Liji Narayan | HRKathaApril 24, 20262 Mins Read4596 Views
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    The Bombay High Court has ruled that the Employee Provident Fund Organisation (EPFO) cannot deny higher pension to workers simply because their employers failed to submit certain documents. This decision, delivered on 18 April, 2026, is a major relief for employees who contributed to their provident fund based on actual wages rather than the statutory ceiling of Rs 15,000.

    The case involved six employees, one of whom, Kallakuri, retired in 2017 after a 35 year career. Despite fulfilling all conditions and contributing on higher wages, their pension claims were rejected by EPFO because employers did not provide forms such as 6A or challans. The HC held that such lapses are the employer’s responsibility, not the employee’s, and workers should not be penalised for missing records beyond their control.

    The judges emphasized that the EPF Act is a welfare law, and EPFO must make every effort to verify contributions using available sources such as Form 3A, account statements, ledgers, and passbook entries. The absence of one document cannot be treated as fatal if other evidence shows contributions were made on actual wages. The HC directed EPFO to process claims for 2010 and earlier cases without insisting on perfect documentation.

    This ruling ensures that employees who opted for higher pension and contributed accordingly will not lose out due to administrative shortcomings. It reinforces the principle that pension rights depend on actual contributions, not paperwork gaps. For workers, the benefit is clear: their retirement income will reflect the wages they truly earned, safeguarding financial security after years of service.

    administrative shortcomings Bombay HC CHRO Movement documentation is employer's responsibility documentation lapses don't penalise employees for employer's fault Employee employee cannot be penalised for paperwork lapses by employer employer EPF Act EPFO EPFO to process claims financial security higher pension higher pension option HR Human Resources Kallakuri provident fund contribution 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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