12.11.2020 Ex No. 74/2010
ORDER
- Complainant filed a complaint case bearing no. 171/2006 before this Forum (Central) pleading therein that her services were terminated by her employer namely State Bank of India (OP) and that her provident fund was illegally withheld by the OP. The said complaint was disposed of vide order dated 22.12.2008 by the predecessor bench of this forum. OPs were ordered :
i. To pay a sum of Rs. 7,57,859/- with interest at the rate of 9% from 18.12.2000 (date of retirement) till realization.
- To pay a sum of Rs. 5,000/- (Rupees Five Thousand only) as compensation to the complainant.
- To pay a sum of Rs. 3000/- (Rupees Three Thousand only) as cost of litigation to the complainant.’’
- During the pendency of this complaint, the predecessor bench of this Forum ordered OP to pay Rs. 5 Lacs as interim relief on 03/08/2007.
OP filed First Appeal No. 676/2007 against the interim order dated 03/08/2007 of the District Forum before the Hon’ble State Commission and State Commission vide its order dated 30/10/2007 dismissed the same.
OP further preferred Revision Petition against the order of State Commission before National Commission and the Revision Petition was dismissed as withdrawn before Hon’ble National Commission.
- After the complaint was finally decided by this Forum on 22/12/2008 OP filed First Appeal No. 2009/12 before State Commission which was dismissed by the State Commission on 04/03/2009. OP filed Revision Petition bearing no. 1803/2009 which was dismissed by the Hon’ble National Commission on 20/04/2010. Against this order of National Commission OP filed SLP No. 22450/2010 before Apex Court in which leave was granted and Civil Appeal No. 2457/2010 was registered. On 13/07/2015 Hon’ble Supreme Court disposed off IA No 1/2015 of the Complainant and directed OP to pay a sum of Rs. 8 Lacs to the complainant in full and final settlement of her claim while observing
“Accordingly, we direct the State Bank of India to pay a sum of Rs. 8,00,000/- (Rupees Eight Lacs only) (including the cost of the application, interest, etc. ) to the respondent in full and final settlement of the claim within a period of one money from today.’’
- OP /JD paid the said sum of Rs. 8 lacs to the Complainant/DH vide DD bearing no. 245776 dated 12/08/2015 which was duly received by her.
- Another I A No 2/2017 was filed by the Complainant/Decree Holder before the Hon’ble Supreme Court which was dismissed on 03/04/2017 while observing that Hon’ble Supreme Court had been informed by learned counsel for OP /JD that a number of Rs. 8 Lacs as directed by the Hon’ble Supreme had already been paid to the Complainant/Decree Holder.
- Complainant/Decree Holder then moved an application before this Forum stating therein that OP/JD had challenged the final order passed by this Forum before the Hon’ble Supreme Court and the interim order passed by this Forum for payment of Rs. 5 Lacs had not been challenged and therefore she is entitled to recover Rs 5 lacs with interest from the date of the order and prayed for the revival of the execution petition.
- We have heard the complainant in person and Mr. Mazhar Siddiqui advocate for the OP. Learned counsel for the OP submitted that interim order of this forum dated 03/08/2007 stood merged in the final order of this forum dated 22/12/2008 which order was complied with by the OP as per directions of Hon’ble Supreme Court and therefore nothing more is payable to the complainant decree holder by the OP judgment debtor.
- OP/JD also filed a reply to the application stating therein that JD had already complied with orders of Hon’ble Supreme Court dated 13/07/2015 vide which it was directed to pay Rs. 8 Lacs to Decree Holder in full and final settlement of her claim which amount was paid to her on 12/08/2015 vide DD No. 245776 and thereafter nothing remains to be paid by JD to the DH.
Since the matter was sub judice before the Hon’ble Supreme Court the Execution Application was adjourned sine die by this Forum on 23/08/2016.
Decree Holder again moved an application for revival of the Execution Petition notice of which was sent to JD Bank. Since her Civil Appeal was still pending before the Hon’ble Supreme Court her Execution Application was adjourned sine die on 20/02/2019 again.
- Since DH has already been paid Rs. 8 Lacs including the cost of the application and interest in full and final settlement of her claim as per orders of Hon’ble Supreme Court dated 13/07/2015 and her IA no. 2/2017 praying for similar relief has already been dismissed by Hon’ble Apex Court vide order dated 03/04/17, no further orders can be passed by this Commission and accordingly all her pending applications are dismissed. File be consigned to record room.
