Heard learned counsel for the appellant.

2.        Captioned appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.        The case of the complainant in nutshell is that complainant was an employee of opposite party-M/s. Magnum  Polymers, Mancheswar Industrial Estate, Bhubaneswar since 1990 and thus was a member of the Employees Provident Fund. It is alleged that in the year 1997, he was retrenched by his employer and since then he has been approaching his employer for submitting the required form to the opposite parties for withdrawal of his provident fund benefits under the E.P.F (MF) Act. As the employer has not taken any steps for release of his legitimate EPF dues, present complaint is filed.

4.        The opposite party no.1 filed the written version in which he has indicated that though the claim Form No.19 was received from the complainant, but has not been routed through the employer. Therefore, no action was taken.

5.        After hearing both the parties, learned District Forum passed the impugned order directing the opposite parties to pay the provident fund dues to the complainant with interest and also pay compensation.

6.        During the course of hearing, learned counsel for the appellant submitted that under the E.P.F. (MF) Act, the employee has to submit Form No.10 for release of dues by the appellant. In the instant case, the employer is not a party. Therefore, by none of the way, the complaint is maintainable and the appellant is not liable for making any payment.

7.        Considered the submissions, perused the DFR including the impugned order.

8.        On a plain reading of the impugned order, it appears that learned District Commission has not discussed about the liability of the employer i.e. M/s. Magnum  Polymers, Mancheswar Industrial Estate, Bhubaneswar under which the complainant was working and the judgment does not discuss about the deficiency in service on the part of the present appellant. It is true that under the provisions of EPF Act, Form No.19 was settled and a sum of Rs. 12037/- was sanctioned towards EPF dues and accordingly cheque no. 454077 dated 15.5.2007 has been issued to the complainant. So far as benefit under Form No.10C is concerned, the same has not been worked out because of non-furnishing of necessary claim Form by the employer. Therefore, we are of the view that the impugned order directing the appellant in the matter is not proper and legal because he has already complied  the provisions as per law. The impugned order is accordingly set aside.

12.     The appeal stands allowed. No cost.

 DFR be sent back forthwith.

           Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.