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Rohit (Legal)     22 March 2012

Lic and edli

Subject - EDLI and LIC

 

Hallo Friends and respected seniors

Greetings of the day!

Need your advise on the following case

Summary__________________________

An employee was working in an company wherein he was covered under EDLI. however the company stopped EDLI contribution as company decided to take out an Group LIC policy for all the employees and hence took exemption from the EDLI authorities for the same

Now, an employee died in between ( between the time EDLI contribution was stopped and a new policy was taken). However upon confirmation from the company, company shows up a letter they have written to the LIC wherein they asked for settlement of claim.

Issue---

1 company is not sharing with us the policy details wherein the terms and condiions of the policy can be ascertained and also to verify whether the deceased was covered or not, how to resolve this?

2 Secondly, let us assume that the employee was not covered under the LIC, so in that case and otherwise also, is the company liable to pay the compensation to the deceased family, if yes or no, the why so?

Would request you to answer this with substantial case laws or any other statuory laws to help us build this case and file the same in the consumer court to get justice

Regards
Rohit

 



Learning

 2 Replies


(Guest)

 

 

Plaintiff: The party who initiates a lawsuit by filing a complaint with the police or the court against the defendant(s) demanding damages, performance and/or court determination of rights.

 

Accuse: To charge formally with a wrongdoing to police or challenge in court against the accused.

 

Since nobody knew that Bhakti Naidu has stolen the mobile, there is no Accuser, Accused , Plaintiff - where you serve legal papers to the accused for appearing in court for proving the crime. She was using the stolen IDEA SIM, for calling two men, tracked by Pune Police Department.

 

First Information Report (FIR) is a written document prepared by the

police when they receive information about the commission of a offence. It is a report of information that reaches the police first in point of time and that is why

it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence such as theft , or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally

The Judgment Information system consists of the Judgments of the Supreme court of India and several High Courts. In the case of the Supreme Court all reported Judgments which are published in SCR Journal, since its inception i.e. 1950 till date are available. The Judgments reported in SCR till 1993 also have head-notes. The judgments reported in SCR in 1994 and later have only text of judgments with out head-notes. For any case of robbery the crime & Punishment has been decided by law. Bhakti Naidu-  daughter of Surendra Naidu , Student of BCA Indira College of Commerce (at time of crime register when she was caught) for stealing Nokia Mobile, Using IDEA SIM for calling two men minutes after stealing. In her crime record - Indian Penal Code in her name . Section 379, punishment for theft. Whoever commits any theft shall be punished with imprisonment of either for a term which may exceed to three years, or with fine, or with both.The case was caught by Pune Police department. National Crime Record Bureau contains - All the crimes, criminal records with name, address, details of criminals are accessible to police, judiciary, citizens of India, World. 

 

An FIR is a very important document as it sets the process of

criminal justice in motion. It is only after the FIR is registered in the

police station that the police takes up investigation of the case. In this case the FIR was lodged for Mobile theft (with SIM, where mobile number was given to the police while registering FIR ). The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973. You should sign the report only after verifying that the

information recorded by the police is as per the details given by you.

People who cannot read or write must put their left thumbimpression on the document after being satisfied that it is a correct record. Always ask for a copy of the FIR, if the police do not give it to you.It is your right to get it free of cost. you mention in the FIR- Your name and address; Date, time and location of the, incident you are reporting (It was Indira college of commerce, during BCA exams Wakad, Pune) . A police caught offence is one in which the police may arrest a person without warrant. They are authorised to start investigation after the FIR on their own and do not require any orders from the court to do so.

 

The laws were intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalizing various aspects of s*x work. The main points of the PITA are as follows. WHY DO PROSTITUTES USE STOLEN SIMs OR SIMs with fake IDENTITY: A prostitute who lures or solicits shall be prosecuted. CALL GIRLS cannot publish phone numbers to the public. (Imprisonment up to 6 months with fine, point 8) Sex worker also punished for prostitution near any public place or notified area. (Imprisonment of up to 3 months with fine, point . Any adult male  acting as a mediator  or living with a  prostitute is termed as Pimp (Imprisonment of up to 2 years with fine, point. )

Kumar Doab (FIN)     25 March 2012

@ Rohit,

All employees to whom the Employee's Provident Fund and Miscellaneous Provision Act , 1952 applies, have a Statutory liability to subscribe to Employee's Deposit Linked Insurance Scheme, 1976 to provide for the benefit of Life insurance to all their employees.

Under Sec. 17(2A) of the act, the employer may be exempted from consulting to EDLI, if employer has provided for better insurance benefits through alternative scheme. LIC's Group Insurance Scheme in lieu of EDLI has been accepted as one such better alternative.
  Company is liable to pay.

The legal heir of the deceased employee may submit a written representation under acknowledgment to the MD/Chairman and demand the proof of coverage, and claim lodged if any, so as to be supplied by redg. post only say within next …..days.

 

The legal heirs can also find out from LIC if the policy was issued and from which date. It is felt that if the need be RTI route may be adopted.

The legal heir may approach O/o labor Commissioner and all proofs shall have to be brought to this office.


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