The order of the E.A.Case No.7/15 arises out of C.D.Case No.168/99,E.A.Case No.1/2007, Misc.Case No.12/2004,C.D.Appeal No.246/06 and F.A.Case No.445/08 and R.P.Case No.2409/2015. The petition on Execution case No.7/15 reveals that this Forum in Execution Case No.1/2007 passed an order on dtd.15.04.2008(copy of the impugned order is a part of this record), OP-RPF Commissioner preferred an appeal bearing No.F.A.445/2006 and the F.A.was dismissed by the Hon’ble State CDR Commission on dtd. 23.06.2015 for non-prosecution. The Petitioner in the present Execution case prays this Forum to carry out its order passed on dtd. 15.04.2008 in Execution Case No.1/2007 which arises out of C.D.Case No.168/99. Show cause was issued to the OP-RPF Commissioner,Odisha who appeared through their authorized officer and filed show cause to the instant proceeding. The show cause filed by OP reveals that, OP preferred the F.A.No.445/2008 before the Hon’ble State CDR Commission challenging the order dtd. 15.04.2008 passed by this Forum in Execution Case No.1/2007 of DCDRF,Kendrapara challenging the direction of excess payment to the Petitioner K.B.Sahoo which according to the OP is that the amounts have already been paid to the Petitioner. It is further revealed from the show cause that as per para 72 of the EPF Scheme, the liability of the OP is restricted to make payment of P.F. dues up to the extent it has received from the employer together with statutory rate of interest when it becomes payable under EPF and M.P.Act,1952. It is also revealed from the show cause that challenging the dismissal of the F.A.No.445/2008 the OP has preferred a Revision Petition No.2409/2015 before the Hon’ble National CDR Commission,New Delhi.
In the later stage of the proceeding OP-RPF Commissioner filed an order of the Hon’ble National Commission in Revision Petition No.2409/15 and Misc. Application No.670 of 2015.,wherein Hon’ble National Commission on dtd. 16.11.2015 while passing the order did not entertain and dismissed the Revision application of the OP and opined that as the dispute involved in this matter pertains to a paltry amount of Rs.3,149/- and further rejected the submission of re-hearing of the appeal by remanding the matter to the Hon’ble State CDR Commission. In compliance of the order of the Hon’ble National commission OP-RPF Commissioner deposited Rs.3,149/- in shape of a Cheque before this Forum and same was received by the Petitioner.
Ld. Counsel for Petitioner contended that as per the order dtd. 15.04.2008 in E.A.Case No.01/2007 of this Forum. The Petitioner is entitled to get more provident fund benefits rather than the actual payments made by OP. On the other hand OP-RPF Commissioner did not file any details regarding compliance of order dtd. 15.04.2008 in E.A.Case No.1/2007 except the pending due amounting of Rs.3,149/-.
Considering the legal positions, we are of the opinion that when the Hon’ble National Commission directed the OP-RPF Commissioner to deposit Rs.3,149/- as disputed amount, scope and interference of this Forum to adjudicate the entitlement, if any of the Petitioner regarding Provident Fund benefits are beyond the purview of this Forum. Accordingly, the petition filed by Petitioner on E.A.Case No.7/15 is hereby disposed of with aforesaid observation.
Pronounced in the open Court, this the 11th day of April,2016.
