KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No.  796/12

JUDGMENT DATED 11.1.2013

PRESENT

SHRI. M.K. ABDULLA SONA             :  HON. ACTING PRESIDENT

APPELLANT

Coir Fed, Alappuzha

Rep. by its Managing Director,

 (Rep. by Adv. S. Reghu Kumar)                                                                                                       Vs

RESPONDENTS

1. Raju Madhavan,

Vellimparambil, Zillla Court Ward,

Thathampally, P.O., Alappuzha

2. Santhosh Babu,

     Chandrasseriyil House,

     Vazhakkala, Kakkanad, Kochi.

3. Rajan,

     Vathisseriyil, North Moheediyin Pallil,

     Kayamkulam, Alappuzha

4. State of Kerala,

      Rep. by Government,

      Secretary Corporation,

(A)   Department of Government Secretariat,

(B)  Thiruvananthapuram,

5. The Regional Commissioner-1, Bhavishyanidhi,

Kaloor, Kochi.

                  (R5 Rep. by Sri. Adv. K. Ramachandran Nair)

6. The Kerala State Co-operative Employers Pension Board,

     Rep. by its Secretary, Additional Registrar of Co-operative Societies,      

     Chinmaya Lane, Kunnupuram, Trivandrum.

JUDGMENT

SHRI. M.K. ABDULLA SONA   :  MEMBER

            The appellant is the second opposite party, Coir Fed, Alappuzha and the respondents 1 to 3 are the complainants 1 to 3 r3spectively and respondents 4 is the State of Kerala 5, is the E.P.F Regional Commissioner, 6^th is the Kerala State co-operative employers Pension Board respectively.  They are the opposite parties  except.  The appellant prefers this appeal from the  order of the CDRF, Alappuzha under the direction of the forum below that; it ordered the opposite parties to take immediate steps to sanction and relief to E.P.F Pention benefits to the complainants from the date of the retirement from the service of the second opposite party and to pay a sum of Rs. 10,000/-  each to the complainants for  their mental agony pain, sufferings harassment and loss due to the grossest deficiency in service, culpable negligence and cheating on the side of the opposite parties by way of purposeful delay to sanction and release of the complainant’s pension benefits in time and purposeful refusal to consider the applications for the sanction and disbursement of P.F. from the date of the retirements.  It also ordered to pay a sum of Rs. 1000/- each as costs of the proceedings.

          The respondents in this appeal are the complainants 1 to 3 and first opposite party 2^nd  opposite party and 4^th opposite party respectively.  This case is in connection with the E.P.F. Pension which claimed by the complainants those who were working in the ministerial staff of the second opposite party, Coir Fed, Alappuzha.  The contention of the appellant is that they are not eligible for the E.P.F. Pension. 

          On this day this appeal came before this Commission for final hearing there is no representation for the R1 to R3 (complainants) and they called absent before this Commission and appellant appears through his counsel.  The R4 is  State of Kerala, the government pleader who appeared for R6 also represented by the concerned counsel.  It is submitted before this Commission by the counsel for the appellant is that the pension which mentioned in the complaint and in the impugned order passed by the Forum below is already paid to the complainants 1 to 3.  His remaining question is only for the payment of the compensation and cost.  It aggrieved by the counsels of other respondents/opposite parties.  The counsel for the appellant argued the case on the basis of the grounds of appeal memorandum that they are not entitled for getting pension as per the government Rules.  This matter was taken up before the Hon’ble High court and the Hon’ble High court directed the R1, the State of Kerala to consider  this matter  and this matter is pending before the Government(R4)  by the counsels except the respondents 1 to 3 they were the complainants in the complaint  respectively submitted that these are the correct decision in this case.  The counsel for the appellant submitted that the matter is pending before the State of Kerala as per the direction of the Hon’ble High court and the counsel for the appellant submitted that the 3^rd opposite party(appellant) R3 in this appeal already paid the pensionery benefits to the complainants.   Both the counsels for the appellant and the respondent respectively submitted that by the disbursement of the pension by the appellant the only remained question is the payment of the compensation and costs.  They humbly prays to avoid the compensation and cost ordered by the Forum below in the circumstances.  This Commission examined the entire  fact, circumstances and evidence of this case  from the case bundle. It is seeing that the order passed by the Forum below is not illegal or irregular.  The matter is pending before the 4^th respondent state of Kerala without disposed that means this question is at present before the Government.  By the payment of the pension etc. ordered by the Forum below as per the submission of the counsel both for the appellant and respondents except the complainants 1 to 3 (R1 to R3).  It is not seeing any reason to pass an order to pay the compensation and cost ordered by the Forum below to the complainant as per the result portion of the order. In the absence of the respondent 1 to 3 (complainants 1 to 3) is definitely due to that they are satisfied with the pension and other benefits already paid by the appellant.  In this circumstances this Commission is seeing that the order to pay compensation a sum of Rs. 10,000/- and cost Rs. 1,000/- by the opposite parties is not legally sustainable.  This directions are set aside. In the result this appeal is allowed in part.  This Commission taken in to consideration this submissions of the learned counsel for the appellant and the respondents except R1 and R3 and set aside the compensation of Rs. 10,000/- by the second opposite party and the direction to pay Rs. 1000/- as cost by each opposite parties to the complainants accordingly.  This appeal is disposed as per the above observation and direction.

          The office is directed to send a copy of the judgment with L.C.R. to the Forum below.

                                        M.K. ABDULLA SONA  :  MEMBER

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