NCDRC

NCDRC

RP/3283/2009

NARASIMHAN GANGAVARAM - Complainant(s)

Versus

M/S. SEMICONDUCTOR LABORATORY & ORS. - Opp.Party(s)

MS. KAMAKSHI S. MEHLWAL

01 Oct 2009

ORDER

Date of Filing: 01 Sep 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3283/2009
(Against the Order dated 27/05/2009 in Appeal No. 1953/2008 of the State Commission Chandigarh)
1. NARASIMHAN GANGAVARAMH.No.4664 MIG I Sector. 70, SAS Nagar. Mohali Punjab ...........Appellant(s)

Vs.
1. M/S. SEMICONDUCTOR LABORATORY & ORS.Through Its Director. Of India Sector. 72. SAS Nagar. Punjab ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Mr. Anurag Kishore, adv. for MS. KAMAKSHI S. MEHLWAL, Advocate
For the Respondent :NEMO

Dated : 01 Oct 2009
ORDER

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          Delay of 2 days in filing the revision petition is condoned.

          Complainant, who had filed the complaint before the District Forum, has filed the revision petition.

          Petitioner was an employee of M/s Semiconductor Laboratory.  He went to the territorial army keeping his lien with the original

 

 

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employer on 27.9.1992.  Petitioner remained in the territorial army from 27.9.1992 to 01.5.2006.  There was a dispute between M/s Semiconductor, the original employer and the borrowing department i.e. territorial army as to who would make the contribution towards employee’s share in the Provident Fund of the complainant/petitioner.  Petitioner filed the complaint before the District Forum.

          District Forum held that the original employer would be liable to pay the employers as well as the employees share towards contributory fund.

          Being aggrieved, M/s Semiconductor, the original employer, filed an appeal before the State Commission.  The State Commission has modified the order of the District Forum and held that the original employer will make the payment of the Employers Contribution and insofaras the Employees contribution is concerned, since it was not deducted from his pay, the employer would not be liable to pay the same.

 

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            The order passed by the State Commission is absolutely correct in equity and law.  We agree with the view taken by the State Commission.  Revision petition is dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER