KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                               APPEAL  NO:311/2009

                              JUDGMENT DATED:07..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

The Assistant Provident Fund Commissioner,

Employees Provident Fund Organisation,        : APPELLANT

Sub Regional Office, C.M.S.College Road,

Kottayam.

(By Adv: Sri.K.V.Karma Chandran)

          Vs.

Subramanyan,

Karadikkuzhy Estate, W.P.Divn,                        : RESPONDENT

Karadikkuzhy.P.O, Peerumade-685 531,

Idukki District.

                                      JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

1. The appellant is the opposite party/Assistant Provident Fund Commissioner in CC:216/08 in the file of CDRF, Idukki.  The appellant is under orders to sanction the pension of the complainant from the date on which the complainant attains the age of 58 years and Rs.2000/- towards cost.  The case of the complainant is that he was an employee of the Highland Produce Company Ltd, Karadikkuzhy Estate from 1/10/1988 to 29/6/1998.  On 29/6/98 onwards he as unable to attend the works as he was admitted at the Medical College Hospital, Kottayam.  On 29/6/2008 he retired from service and applied for pension.   It was rejected stating that as he is not having 10 years of service is not eligible.  The above stand of the opposite party is incorrect. He has sought for getting the pension sanctioned.

2. The opposite parties have contended that the complainant is having only 9 years of service.  As per para 14 of the Employees Pension Scheme 1995, the petitioner is eligible for the benefit only if he has got a minimum service of 10 years.

3. The evidence adduced consisted of the testimony of PW1 Exts.P1 to P7.

4. We find the opposite parties have not adduced any evidence.  Ext.P1 issued by the employer mentions the date of his leaving the service as on 29/6/1998.  Ext.P2 the details of the period of work and the amount of wages and the contribution with respect to 1997 and 1998 mentions and the last date as 19/6/1998 and the wages as Rs.884/- and the contribution as Rs.74/-.  According to the opposite party no contribution has been remitted since 29/11/1997 vide Ext.P4 ie the certificate issued by the opposite party.  We find that Ext.P1 and P2 would show that he was an employee in June 1998.  No independent evidence has been adduced by the opposite party to establish the fact that the complainant has ceased to be a member of the scheme from November 1997.  The evidence of PW1 and Exts.P1 and P2 documents produced by him has to be relied on.  Hence we find that there is no illegality in the order of the Forum.  The same is confirmed and the appeal is dismissed.

The office will forward the LCR to the Forum along with the copy of this order.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.