BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Monday the 8^th day of August, 2011

C.C.No.126 /10

Between:

V.Prasad, S/o V.Ramamurthy,

H.No.26/285, Near Chinna Market,Kurnool-518 401,Andhra Pradesh.  

                                     …Complainant

                                     -Vs-

1. Regional Provident Fund Commissioner,

    Tower No.6, 5^th Floor, Vashi Railway Station, Vashi, NAVI MUMBAI.

2. Employees Provident Fund Organization,Represented by its Assistant P.F. Commissioner (Cash), Sub Regional Office,

Plot No.222, Bhavishya Nidhi Bhavan,Sector-3, Chrocop Market,

Kandivalli (West),MUMBAI - 400 067.     

3. M/s. Reliance Communications Limited,Represented by its Cluster Head,

    1^st Floor, S.V. Complex, Kurnool-518 002, Andhra Pradesh.

4. Employees Provident Fund Organization,Represented by its Assistant P.F. Commissioner,

    Ashok Nagar, Kurnool-518 004 Andhra Pradesh.                                         

…Opposite Parties

        This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainant and Sri L.Viswanadham, Advocate for opposite parties 1 and 4 and opposite party No.2 in person opposite party No.3 set exparte for upon perusing the material papers on record, the Forum made the following.

                                              ORDER

                  (As per Sri. M.Krishna Reddy, Male Member)

   C.C. No.126/2010

1.     This complaint  is filed by the complainant under section 11 and 12 of C. P. Act, 1986 requesting an order on opposite parties to pay :-

1. Arrears of E.P.F, Pension, Future E.P.F Pension and other benefits with 12% per annum interest from the date of this resignation.

(b)    Rs.30,000/- as compensation for causing mental agony;

(c)    Cost of the case.

2.     The complainant version is that he worked as operation Executive under opposite party No.3 from 23-07-2006 to 31-06-2008.  Opposite party No.3 with employer code 27606497 was sending Rs.590/- as monthly E.P.F. contribution to the complainant’s account MH/Vashi/118056/1366 maintained with opposite party No.1 and opposite party No.2. The complainant salary linked S.B. Account was No.027901503710 of I.C.I.C.I Bank, Kurnool.  The complainant after his resignation on 31-06-2008 requested opposite parties to repay the accumulated E.P.F. amount for which he is entitled. Despite complainant’s repeated requests and a legal notice to all opposite parties, demanding for the payment of claims as claimed by him, no action was initiated by opposite parties.  Hence this case is filed by the complainant before the Forum claiming appropriate reliefs.

3.     The complainant filed sworn affidavit and documents marked as Ex.A1 to A8 to support of his claim.

4.     Persuant to the notice of this Forum, opposite parties filed their written versions denying their liability to the complainant’s claim.  Opposite party No.1 and opposite party No.4 through their affidavits submitted that opposite party NO.1 who maintained the complainant account under P.F. code MH/Vashi/118056, settled the claim and issued  a cheque bearing No.848691 dated 28-10-2009 for Rs.2,114/- to the complainant.  The said cheque was also encashed by the complainant on 04-12-2009.  opposite party No.4 also said that the complainant is  covered under E.P.F. and M.P. Act 1952 w.e.f. 01-03-2008 and he did not receive any accumulations of complainant by way of transfer from his pensions P.F. account at  Regional P.F. commissioner, Delhi.  Further the eligible service of the complainant is from 01-03-2008 to 30-06-2008 i.e., less than 6 month.  As the complainant did not put up 10 years minimum eligible service he is not entitled for the benefits under employer pension scheme 1995 para-4. Opposite party No.2 avered that the complainant’s account under P.F. code No.MH/Vashi/118056/1366 was maintained by opposite party No.1.  Opposite party No.2 is a separate region office, his name was wrongly implicated by the complainant.  However the complainant has liberty to approach higher officer at Regional office (Mumbai – II) to represent his grievances if any.  Therefore opposite party No.2 prayed for the rejection of case against him.  Finally the opposite parties avered that as on the date there are no dues of complainant outstanding on their part and they are not guilty of any deficiency of service.  Hence opposite parties prayed for the dismissal of the case.

5.     Sworn affidavit and documents marked as Ex.B1 to B3 are filed in support of the case of opposite parties.

6.     Complainant and opposite party No.1 submitted their written arguments.  Opposite party No.2 and opposite party No.4 adopted the written argument of opposite party No.1, opposite party No.3 was called absent.

7.     Hence the points for consideration are:

1. Whether the complainant made out any case against opposite parties to prove deficiency on their part?

1. Whether the complainant is entitled for relief?

1. What is the quantum of relief that can be sanctioned?

8.     Ex.A8, the work assignment latter issued by V.A.P employability solutions to complainant to work at Kurnool for the period from                   24-07-2006 to 31-03-2008 with a monthly salary of Rs.5,500/- in which the component of P.F. contribution is Rs.198/- P.M.  Ex.A1 is the service certificate for the period from 23-07-2006 to 31-05-2008 issued by Reliance Communications Limited, Kurnool.  Ex.A2 the letter of the complainant reminding opposite party no.3 to settle his P.F. account and Ex.A3 is the reply to Ex.A2 directing the complainant to approach P.F. official for the same.  Ex.A4 the list prepared by opposite party No.3 forwarding the Forum 19 of the complainant at S.No.155 to opposite party No.1. Ex.A5 is the legal notice of the complainant to all opposite parties. Ex.B1 the Forum 19 submitted by the complainant to opposite party No.3. Ex.B2 the work sheet prepared by E.P.F. organization sanctioning Rs.2,114/- as final amount for payment.  Forum 3A (Contribution card) to account No.MH / Vashi /118056 /1366 of the complainant for the period 01-04-2008 to               31-03-2009 and reveals that the E.P.F. contribution was made from April, 2008 to June,2008 to a total sum of Rs.1,485/-.  Ex.B3 the letter of opposite party No.2 forwarding a cheque for Rs.2,114/- to credit to the S.B. Account of the complainant and intimation of bank to opposite parties  about the payment of amount to the complainant through clearing at Hyderabad on 04-02-2009.  From the written arguments of both parties and the material placed on record it is evident that the complainant failed to show proof indicating that opposite parties deducted E.P.F. contribution from his  salary for the period  from                 23-07-2006 to 30-06-2008.  In the Ex.B1 (Form 19) the complainant himself entered the date of joining of the establishment as 01-03-2008 and the date of leaving as 17-05-2008.  This is supported by Ex.B2 where in the E.P.F. contribution was entered from April, 2008 to June, 2008 in Form 3A.   So the payment of Rs.2,114/- (which also includes  the interest to the complainant’s E.P.F. contribution) to the complainant is acceptable.  With regard to the pension and its entitlement to any employee, the eligible service of minimum 10 years is essential as per employes pension scheme 1995 para-4. The complainant eligible existing service is from 01-03-2008 to                         17-05-2008 (78 days) as entered in Form 19 by the complainant itself and no evidence is on record to the service rendered by him in past.   Therefore the complainant is not eligible for pension under E.P.S 1995.   In view of what is stated above this Forum holds that the complainant failed to prove the deficiency of service on the part of opposite parties and so the rejection of the complainant’s claim is in order.

9.     In the result the complaint is dismissed with no cost.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 8^th day of August, 2011.

        Sd/-                                   Sd/-                                     Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                APPENDIX OF EVIDENCE

                                   Witnesses Examined

For the complainant : Nil                 For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of service Certificate issued by opposite party

No.3 dated 18-06-2008.

Ex.A2.       Photo copy of Mail letter of complainant to

opposite party No.3.

Ex.A3                Photo copy of Mail Reply letter of opposite party No.3

dated 26-03-2010.

Ex.A4                Photo copy of Employees list who eligible for EPF amount

sent by opposite party No.3 to opposite party No.1.

Ex.A5                Office copy of legal notice dated 15-04-2010.

Ex.A6                Postal Receipts (4).

Ex.A7                Postal Acknowledgements (4).

Ex.A8                Photo copy of Work Assignment Letter dated 21-07-2006.

List of exhibits marked for the opposite parties:-

Ex.B1                Photo copy of Form-19 application for Employees Provident

Fund Scheme - 1952.

Ex.B2                Photo copy of authorization of E.P.F. statement

dated 07-10-2009.

Ex.B3                Letter dated 28-10-2009 issued by opposite party No.2 to

Manager ICICI Bank Kurnool.

        Sd/-                                   Sd/-                                     Sd/-

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :