Complaint Case No. CC/12/2014 | ( Date of Filing : 24 Mar 2014 ) |
| | 1. Arjuna Dash | S/O-Late Duryadhan Dash,At/Hilung.po-Ainlapali/P.s-Baunsuni,Dist-Boudh |
| ...........Complainant(s) | |
Versus | 1. Disrict Manager,Biswa,Boudh | At/po/Dist-Boudh | 2. Chairma Biswa,Sambalpur | At/Po-Budharaj,Sambalpur Dist-Sambalpur. | Sambalpur | Odisha | 3. Asst.Provident fund commissioner,Rourkela | At/Po-Rourkela Dist-Sundargarh. | Sundargarh | Odisha |
| ............Opp.Party(s) |
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Final Order / Judgement | - Alleging deficiency of service and unfair trade practice, the complainant filed aforesaid case against the O.P.s to release the security deposit of Rs.16,200/-,alongwith EPF amount Rs.1,70,000/- with interest.
- The brief facts of the case is that the complainant was appointed as Community Organizer at Palasagora branch by the O.P.No.2 as per order dtd.1.5.2006 and promoted to Area Manager of Baunsuni Branch on 26.11.2008 and subsequently promoted to Branch Manager, on 10.7.2012.As per the order of the O.P. the complainant would get his salary of Rs.9,800/- per month. The O.P No.2 received security deposit of Rs.16, 200/- from the complainant at the time of appointment. The complainant also deposited of Rs.6, 000/- on certificate No.A 1729 towards CMPL at the time of appointment. The O.P. did not release one month salary of Rs.11,200/-.From 2008 to 3.5.2012. The complainant deposited 25% salary amount per month. The complainant quitted the job after serving 2 month notice to the O.P.The O.P. issued relieve order dtd.18.6.2013 to the complainant. After several approaches O.P.No.2 gave a cheque of HDFC Bank vide No.000061 dtd.7.3.2014 amounting Rs.16, 200/- which was dishonored which shows deficiency of service and unfair trade practice. He also filed SBI A/C pass book, cheque No.000016 dtd.22.5.2014, share certificate, CMPL certificate, relieve order, experience certificate, No dues certificate EPF statement.
- After being noticed, the O.P.No.2 and 3 appeared and filed their counter. The O.P.No.1 did not appear in this case and set- ex-parte.In his counter O.P.No.2 stated that, the case is not maintainable and the complainant is not a consumer under C.P.Act .The complainant can appeal regarding nonpayment of salary and others to the appropriate authority under the provision of EPF Act, Labour Act and under law of tort etc.The case of the O.P.No.3 is that the complainant’s date of joining was 1.5.2008 The O.P. settled the E.P.F amounting of Rs.8,576/- (Employees share) and Rs.2,627/-(Employer share) total for an amount of Rs.11,203/- including up to date interest on6.2.2014 has been released in his favour.The establishment lying default and assessment of statutory dues have been assessed U/S 7A of EPF and MP Act 1952 for the period from 4/2008 to 10/2012 against which the establishment has filed Writ petition vide EP© No.21824/2013 before Hon’ble High court of Orissa and stay has been granted in this case for which the O.P.No.3 could not initiate any cohesive action against him towards realization of outstanding dues from the said employer/establishment. Regarding non-payment of outstanding dues which has been passed by it challenged before the Hon’ble Hight Court by the employer.
Taking into consideration of the case of the complainant and O.Ps, documents submitted by them we allow the case of the complainant in part and direct the O.P.No.2 to refund the security deposit amount of Rs.16,200/-(Rupees sixteen thousand two hundred ) only with 10% interest per annum till realization. The O.P.No.2 is further directed to pay Rs.11,200/-(Rupees eleven thousand two hundred) only,CMPL amount Rs.6000/(Rupees six thousand) only with up to date interest to the complainant from the date of this order till realization, failing which the complainant is at liberty to take steps against the O.P.No.2 for realization of awarded amount. The case against O.P.No.3 is dismissed without cost. Order pronounced in the open court under the seal and signature of the forum this the 4th day of December, 2018. | |