MR RAMSANKAR NAYAK, MEMBER … The case of complaint in brief is that, the husband of present complainant was working as a Crane operator, under the OP.2 and allotted EPF A/c No. OR/3154/303 from dt.19.03.1964 to 31.08.1981. The complainant being wife has already submitted all required documents to the OP.2 for transmission of the same with attestation to the OP.1 for payment of EPF & FPF amounts vide A/c no. OR/3154/303 but till date she has not received the dues amount or any reply from the OP.s. Hence she contends that, despite several persuasions, the OP.s did not turned to pay her legitimate PF amounts. Hence she prayed before this forum to allow her entire claims along with a sum of Rs.70,000/- as compensation and cost for her harassment.
2. The counsel for OP.1 though entered his appearance before the forum but failed to file his reply despite several opportunities allowed since admission of the case, hence the OP.1 set exparte as per provisions envisaged in the Act.
3. The A/A for OP.2 has entered his appearance and filed counter wherein he averred that, the deceased member was joined in service on dt.19.03.1964 to 31.08.1981. He further averred that, it is seen from their office record Late N.Ranjan has already been transferred from their office to Upper Kolab Project w.e.f. 31.08.1981 A.N. The P.F. provisions Act 1952 was implemented w.e.f. 01.11.80 and applicable w.e.f. 01.09.86. So Late N.Ranjan is not entitled to get the employees share since he had not contributed and he is not eligible to get the employers share w.e.f. 01.11.80 to 31.08.81. After a couple of years the present complainant has submitted required documents and on receipt of claim application in F-19 & F-10C, D etc this OP sent back the same with advise to transmit the same through the present employer where her husband was last employed in the project prior to his death. Hence there is no deficiency in service on their part, so prayed to dismiss the case against the OP.2.
4. The complainant has filed copy of certain relevant annexure as per list of document. The OP.2 also filed copy of some documents. Heard the parties at length and submissions considered.
5. It reveals from the record that, it is admitted fact that the late husband of complainant N.Ranjan was working under the OP.2 vide A/c no. OR/3154/303. It is crystal clear from record that the complainant has submitted all required documents along with F-19 & F-10C & F-10D to the OP.1. After filing of this instant case the OP.1 unless paying the legitimate dues has tried to linger the matter to which the complainant inflicted great financial crunches.
6. In view of all corner we came to a conclusion that, the OP.1 prior to receive the required documents from the complainant has not settled the claim for a long period with one pretext or the other. Record says in the mean while the complainant being a helpless widow has approached the OP.s for a number of times requesting to release her lawful EPF & FPF dues but the OP.1 has not yet taken any positive steps, which shows the illegal & highhanded manner dealing with delinquents, so the complainant inflicted great mental, physical & financial losses. Hence we found there is deficiency in service on the part of OP.1 and the complainant is entitled for such relief as claimed. Hence we allowed the complaint against the OP.No.1 with cost.
ORDER
i. The OP.no.1 is here by directed to pay the outstanding dues of EPF & FPF of Late N.Ranjan in favour of the present complainant immediately according to the provisions laid down in EPS’95. Inter alia, the OP.1 is further directed to pay Rs.10,000/- (ten thousand) as compensation which includes cost of the litigation to the complainant.
ii. All the above orders shall be complied with in 30 days of receipt of the same, failing which, the total sum will carry 12% interest per annum till its realization.
Pronounced on this the 28th day of June' 2017.
Sd/- Sd/-
MEMBER MEMBER, DCDRF,
NABARANGPUR.
