| Final Order / Judgement | 09.03.2022 O R D E R BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER - This petition is filed U/s.17(1)(b) of CPA 1986 by OP in CC/58/2015 aggrieved by the order dtd.01.03.2016 passed by Kolara District Consumer Disputes Redressal Forum.
- The District Forum while passing the impugned order in paragraph 22 held as in view of this composite nature, the dispute comes out of the ambit of the payment of Gratuity Act, 1972 making it a necessity on this Complainant to file the complaint on hand. Hence in the light of resistance by the OP the matter deserves to be considered by this forum on merits, which in our view is incorrect, considering the object of CPA and fact remained on record which could be seen that complaint is filed by the Complainant as an employee obtained an award from the court of Addl., Labour Commissioner who has directed to deposit the amount with interest along with damages of Rs.10,000/-, litigation charges of Rs.10,000/-.
- As per the pleadings and prayer, he has already filed a petition before Addl., Labour Commissioner, Division no.2, Bengaluru and obtained order against OP. Hence filing a distinct petition U/s.12 of CPA 1986, does survive at all. In other words the Complainant could have pressed in to service of the authority which passed the award to seek prayers as prayed in this petition for implementation of the order obtained by him instead of filing consumer complaint by invoking U/s.12 of CPA 1986.
- The Complainant has joined his service on 01.09.1974 in PCA & RD bank, Gudibande Branch, on superannuation retired on 30.04.2011 as a Manager while serving in such a bank branch at Bangarpet. According to him the OP being the controlling authority with regard to his employment on 20.11.2012 granted gratuity of Rs.3,50,000/- vide order no. Gratuity/1748/2012-13. According to him as the said gratuity was not at all in accordance with the provisions of Payment of Gratuity Act, 1972, hence approached the controlling authority under the said act and the authority passed order on 21.09.2015 granting gratuity of Rs.4,28,076/-. Rs.6,20,706/- was the total gratuity for which he was paid Rs.2,17,111/- and Rs.4,28,076/- became the arrears to be paid by the OP.
- As per the order of controlling authority, the said sum was to be paid with interest at the rate of 10% from 31.05.2011. According to the Complainant as there could be no compliance by the OP, as such raised complaint U/s.12 of CPA 1986 seeking the reliefs to direct the OP to comply the order dtd.21.09.2015 as passed by controlling authority and award compensation of Rs.10,000/- for the mental stress suffered and Rs.10,000/- for the expenses incurred in frequenting to the courts and for costs of Rs.10,000/-. In other words, to implement the order of the controlling authority he raised consumer complaint and forum below not only wrongly entertained but passed the impugned order as if a comprehensive suit examining the nice questions in length is nothing but exercising jurisdiction not vested in it by law is liable to be set aside.
- Accordingly Revision Petition is allowed with direction to the District Forum to pass suitable order in accordance with law on the pending complaint as early as possible.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* | |
