THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO.406 / 2022
Yshobanti Bhoi, aged 47 years, W/o Late Jagabandhu Bhoi,
At/PO- Mahukhanda, Via – Balipatna, PS- Balipatna,
Dist –Khurda, Pin No.752102
… Complainant
-Vrs.-
- Dist Labor Officer (Khurda), Bhubaneswar,
Unit –III, Near Health Officer, Bhubaneswar,
- Member Secretary – Odisha Building and other
Construction Workers Welfare Board -cum- Labor Commissioner ,
Odisha, Unit – III, Kharabelanagar,
Bhubaneswar, Dist – Khurda (O)
…. Opp. Parties
For the complainant : A/R
For the O.Ps. : Exparte
DATE OF FILING : 12/12/2022
DATE OF ORDER : 22/05/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35of the C.P.Act, 2019.
2. The complainants’ case in brief is that, she is the wife of Late Jagabandhu Bhoi, who was a building construction worker and had obtained building construction registration certificate bearing number ODKHO oo 1103908 dated 12/09/2016. As alleged by the complainant, the registration was renewed for the year 2020. On 12/12/2020, her husband died. She claimed death benefit before the District Labour Officer, who did not take any step. Being deprived of the benefits that were due under the scheme, the complainant files this case.
3. On the other hand, the OPs were set exparte and exparte hearing was taken up on 01/05/2023.
4 Perused the materials on record. Admittedly, the husband of the complainant was a building construction worker. He had the registration certificate to that effect which was issued on 22/09/2016. Admittedly, the husband of the complainant died on 12/12/2020. The complainant applied to the District Labour Officer for getting the death benefits. As per the government notification, the registration certificate should be renewed every year. The deceased Jagabandhu Bhoi renewed the registration for the year 2016 & 2017. On 01/02/2021 vide Annexure –C, someone renewed the registration certificate of Late Jagabandhu Bhoi for the year 2018, 2019, 2020 & 2021. But on the date “01/02/2021”, that is the renewal date of registration for the year 2020, the said Jagabandhu Bhoi was already dead. Under such situation, the registration should not have been renewed on 01/02/2021 with retrospective effect. It appears that, some fraud has been applied when the renewal of the registration was done in the name of Late Jagabandhu Bhoi. In this backdrop, the complainant is not entitled to get any claim as the wife of Late Jagabandhu Bhoi, who was a building construction worker. Hence it is ordered.
ORDER
The complaint is dismissed exparte against the OPs being devoid of merit.
The order is pronounced on this day the 22nd May, 2023 under the seal & signature of the President and Member of this Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno