Haryana

Panchkula

CC/96/2015

VIPIN KUMAR. - Complainant(s)

Versus

M/S PARABOLIC DRUGS LTD. - Opp.Party(s)

R.S SATHI

24 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.

                                               

Consumer Complaint No	:	96 of 2015
Date of Institution	:	27.05.2015
Date of Decision	:	24.02.2016

 

Vipin Kumar aged 44 years son of Shri Om Parkash resident of House No.27, Sector 12-A, Panchkula now residing at House No.245, Bhrampuri, Muzaffar Nagar (UP).

                                                                                      ….Complainant

Versus

1.       M/s Parabolic Drugs Limited through its Managing Director, SCO No.99-100, Top Floor Sector 17-B, Chandigarh.

          2^nd Address Industrial Plot No. 45, Industrial Area, Phase II, Panchkula.

2.       R&D Centre of M/s Parabolic Drugs Limited 280-281, HSIIDC, Alipur Tehsil & District Pachkula through its Senior Vice President (HR) Shri Ranjit Marwaha.

3.       M/s Parabolic Drugs Limited village Sundhran, P.O. Mubarakpur, Tehsil Dera Bassi, District SAS Nagar, Mohali through its Managing Director.

                                                                            ….Opposite Parties

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

Before:                 Mr.Dharam Pal, President.

              Mrs.Anita Kapoor, Member.

              Mr.S.P.Attri, Member.

 

For the Parties:     Sh.R.S.Sathi, Advocate for complainant. 

Sh.Puneet Tuli, Advocate, for the Ops.

ORDER

(Dharam Pal, President)

 

1.                          The complainant-Vipin Kumar was appointed as Research Scientist w.e.f. 08.07.2007 by the Ops vide letter No.PDLI/HR/RECT/570/07 and his emoluments were fixed at Rs.33333/- per month. The complainant joined the services on 14.08.2007.  After that the complainant was firstly promoted as Senior Research Scientist and thereafter he was promoted as Manager (R&D) in the year 2013 and his emoluments were fixed as Rs.62000/- per month. The complainant served the Ops from 14.08.2008 to 15.12.2014 but the Ops did not make wages/salary in time from August 2012 upto 15.12.2014.  In the year 2014 the company changed the terms and conditions of appointment and decrease the notice period from four months to one month. The complainant served one month advance notice under the compelled circumstances as the wages were not being paid in time.  The complainant resigned the services on 15.12.2014 and the Ops had issued experience certificate vide letter PDL/REL/10368 dated 23.01.2015.  The Ops had paid the wages upto 30.11.2014 and wages from 01.12.2014 to 15.12.2015 to the tune of Rs.26,000/- are to be paid to the complainant. The Ops have even not paid the SUDOX FOOD COUPON from June, 2014 till December to the tune of Rs.16224/- besides medical amount from April, 2014 till 15.12.2015 amounting to Rs.10,400/- and leave encashment amounting to Rs.61,289/-. The Ops have even not paid the gratuity amount to the tune of Rs.1,07,221/-  for a period of 7 years 4 months and 2 days despite several emails, phone calls and personal visits of the complainant.  The Ops are at fault and negligent in providing service  to the complainant as they have also not deposited the 4 installments of EPF despite deduction from the salary of complainant for the month of December, 2014 and further their share for the month of December, 2014.  The complainant got served legal notices upon the directors of the company but despite that the Ops did not pay the amount due to the complainant. In evidence the complainant has tendered affidavits and documents Annexure CA & Annexure CB, Annexure C1 to Annexure C15.

2.                          Upon notice, the Ops appeared and filed their joint reply wherein it has been submitted that the complainant is not a consumer as the present complaint relates to claim for arrears of salary, food coupons and medical allowances etc.  The complainant has not availed the services of the Ops as he was appointed as a research assistant in terms of appointment letter.  The claim in respect of the alleged benefits are arising out of an employment contract and therefore it cannot be said to be in the nature of a contract where any services are being provided by the Ops.  The Ops are registered under the provisions of BIFR and no proceedings can continue against the Ops without the permission of the board. It has been denied that the complainant has not been paid the complete wages.  The complainant has still not been relieved as is evident from the relieving letter dated 23.01.2015.  There is no deficiency in service on the part of Ops as no goods or services have been provided by them to the complainant. Other pleas made by the complainant have been controverted and prayer for the dismissal of the complaint has been made. In evidence the Ops have tendered affidavit Annexure RA.

 3.                         We have heard learned counsel for the parties and have perused the case file carefully and minutely.

4.                          The opposite parties have mainly contested the complaint of the complainant on the grounds that he is not a consumer as no service has been availed or hired by him; that the complaint is with regard to benefits arising out of an employment contract and this Forum has no jurisdiction to entertain and decide the present complaint as without the permission of BIFR no proceedings can continue against the Ops without the permission of the board.

5.                          The complainant has reiterated the contents mentioned in his complaint by way of affidavit Annexure CB besides submitting documents Annexure C1 to Annexure C15. In support of his contentions learned counsel for the complainant has placed reliance of case law titled as   Venkatesh And Ors. vs Vishwanath And Ors. on 28 November, 2007 I (2008) CPJ 219 (NC).

6.                          The plea of opposite parties that without the permission of the BIFR no proceedings can continue against the Ops without the permission of the board has already been decided by this Forum vide detailed order dated 06.10.2015 as the remedy and relief under the Consumer Protection Act are addition to and not in derogation of any other law for the time being in force arising from the allegations of deficiency in service or sale of defective goods or unfair trade practice or restrictive trade practice, therefore, we are further of the opinion that the complainant falls within the ambit of consumer of the Ops and the present complaint is very well maintainable and the same is not barred by the provisions of Section 22 of the SICA.  On this point reliance can also be taken from case law Venkatesh And Ors. vs Vishwanath And Ors. on 28 November, 2007 I (2008) CPJ 219 (NC). In the present case the relationship as an employee and employer is very well established. Keeping in view the verdict made by Hon’ble National Commission in case titled as Venkatesh And Ors. vs Vishwanath And Ors. (supra), the Ops ceased to raise the objections as mentioned in para 4 of this judgment.  Perusal of the case file reveals that the complainant besides seeking the relief qua gratuity has also sought other service benefits such as leave encashment, medical amount, food coupon and wages. The reliefs except gratuity amount claimed by complainant are beyond the scope of this Forum, therefore, the plea of the complainant qua said reliefs are hereby declined. Accordingly, we partly allow the present complaint. The Ops are directed as under:

1. To pay the gratuity amount of Rs.1,07,221/- to the complainant alongwith interest @ 9 % from its due date till its actual realization.
2. To pay an amount of Rs.5,000/- as compensation for   mental agony, harassment.
3.  To pay an amount of Rs.5,000/- as cost of litigation.

 

Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

Announced

24.02.2016      S.P.ATTRI      ANITA KAPOOR               DHARAM PAL

                             MEMBER    MEMBER               PRESIDENT

 

 

 

Note: Each and every page of this order has been duly signed by me.

 

    

                                 

 

                                                         DHARAM PAL

                                                          MEMBER