Orissa

Khordha

CC/406/2022

Yshobanti Bhoi. - Complainant(s)

Versus

(1) The Dist. Labour Officer, Khurda, Bhubaneswar. - Opp.Party(s)

Self

22 May 2023

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/406/2022
( Date of Filing : 12 Dec 2022 )
 
1. Yshobanti Bhoi.
W/o- Late J. Bhoi, At/Po- Mahukhanda, Via- Balipatana, Dist-Khurda.
...........Complainant(s)
Versus
1. (1) The Dist. Labour Officer, Khurda, Bhubaneswar.
Unit-3, Near Health Office, Bhubaneswar.
2. (2) The Member-Secretary, Odisha Building and other Construction Workers Welfare Boeard-cum- Labour Commissioner.
Odisha, Unit-3, Kharavel NAgar, Bhubaneswar.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:
 
Dated : 22 May 2023
Final Order / Judgement

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.-

 

  1. Dist Labor Officer (Khurda), Bhubaneswar,

Unit –III, Near Health Officer, Bhubaneswar,

 

  1. 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

 

 

 

 

 

 

 

 

 
 
[HON'BLE MR. SRI KRUSHNA CHANDRA RATH]
PRESIDENT
 
 
[HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY.]
MEMBER
 

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