In a recent case related to employees’ pension, the Bombay High Court has given an important decision. EPFO had rejected a retired employee’s demand for higher pension on the grounds that the employer did not have the necessary records. Responding to this, the Court said that the shortcomings of the employer should not adversely affect the rights of the employees. In his judgment, Justice Amit Borkar made it clear that pension is not just a concession but a firm right earned in return for long service. Based on this principle, the Court canceled the decision of EPFO. Furthermore, the Court clearly stated that an employee cannot be deprived of his rightful entitlement merely because of lack of documents.
Pension claim stuck due to lack of documents
The court made these observations in a case in which an employee faced difficulties in getting his pension despite giving almost 37 years of service. This case pertains to an employee who worked as a pharmacist at Haffkine Bio-Pharmaceutical Corporation Limited from 1987 to 2024. During all this time, provident fund contributions were regularly deducted from his salary. Following a Supreme Court decision in 2022, she applied to opt for a higher pension. Despite this, in March 2025, EPFO rejected her application. The reason cited was that the employer had failed to provide required records—specifically, monthly challans and Form 6A—prior to 2010. According to the department, without these documents it was not possible to fulfill his demand. As a result, the matter reached the court.
Court raised questions on EPFO’s stance
In this case, the Court clearly said that EPFO adopted an overly strict approach while verifying the information. In its order, the court said there was no dispute regarding the employee’s 37 years of service or his continuous contribution to the EPFO. In the circumstances, the Court held that rejection of his claim merely on the basis of lack of certain documents could not be justified.
