Date of filing : 26-06-2012
Date of order : 29-10-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.216/2012
Dated this, the 29th day of October 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Pathumma, W/o.Koya Hassan, } Complainant
Near Uppala Railway Station,
Po.Uppala, Kasaragod.
(Adv.A.Balakrishnan Nair, Kasaragod)
The Asst. Provident Fund Commissioner, } Opposite party
(Pension) Employees Provident Fund
Organisation Regional/Sub Regional Office,
Po.Kannur.
(In Person)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
The grievance of the complainant is that inspite of her long service as Beedi roller with Bharath Beedi Company, on her retirement She has been paid a paltry amount of `38/- as monthly pension. According to her the Beedi Rolling workers who has less standing that of her are getting more pension. Hence alleging deficiency in service on the part of opposite party the instant complaint is filed.
2. Opposite party filed version. According to opposite party the complainant joined under EPF Scheme w.e.f. 01-07-1986 and left service on 21-02-1995. Consequent to leaving the service she submitted application for settlement of pension fund through her ex-employer. On the basis of the said application her Provident Fund account has been closed after paying the amount standing in her credit with interest to the tune of `1966 on 10-11-1995. Similarly Pension Fund has also been settled and `148/- has been paid to her as per provisions of Employees Family Pension Scheme 1971. As per the provisions under EPF scheme 1952, her membership under the said scheme was ceased on the settlement of her Provident Fund and Pension Fund Account. After settlement of her Provident Fund and Pension Fund Account, she joined in the same establishment and got membership in EPF with another account number on 01-02-1996. She resigned from the above establishment on 15-11-2009 and submitted application for settlement of Provident Fund Account and submitted application in Form 10c for scheme certificate available as per 12(8) of Employees Pension Scheme 1995. The said scheme certificate l contain all particulars of the member including the pensionable salary and pensionable service. Basing on the documents submitted by the employer of the establishment her Provident Fund Account was settled on 23-11-2010 and an amount of `13,662/- standing credit in her account including interest was paid to her. Subsequently on attaining 50 years of age she submitted application through her ex-employer for sanction of monthly member pension. Her application has been processed and a pension of `38/- per month has been sanctioned to her. There is no deficiency in service in settling her claims. She had availed the benefits available under Employees Provident Fund Scheme 1952 and Family Pension Scheme 1971 on10-11-1995 in respect of her service for the period from 1-10-1986 to 21-02-1995 under account No.KR/11192/3332. The complainant has not submitted any option to join the scheme as provided under paragraph 6 {c} of Employees Pension Scheme 1995. The said scheme shall apply to every employee who ceased to be a member of Employees Family Pension Scheme 1971 between 1st April 1973 & 15-11-1995 and allows to opt to exercise his option under paragraph 7 of Employees Pension Scheme 1998. Paragraph 7(2) states that members referred to in sub-paragraph (d) Paragraph 6 shall have the option to join in the scheme as per the provisions of Paragraph 17 from the date of exit from the employment. Paragraph 17 (2) states that Members referred in sub-paragraph (2) of Paragraph 7 shall have the option to join the scheme by returning the amount of withdrawal benefit received if any together with interest @ 8.5% per annum from the date of payment of such withdrawal benefits and date of exercise of option to receive monthly pension as per the provisions of his schemes.
3. During enquiry the representative of the opposite party Sri.K.S.Rajan, Enforcement Officer of Employees Provident Fund Sub-Regional office, Kannur submitted that the complainant has neither refunded the amount received as withdrawal benefit availed under Family Pension Scheme 1971 nor submitted to join the Employees Pension Scheme 1995. Had she refund the amount and opted to join the scheme then she could have received a higher pension i.e. approximately `350/- per month. He further submitted a calculation statement as per that the complainant has to refund `148/- which she received as withdrawal benefit with interest @ 8.5% from 10-11-1995. He further submitted that the complainant has to refund `363/- as on 30-11-2012 and if she refund that amount and submit the application under the prescribed proforma opting the new Family Pension Scheme 1995 then she will be paid family pension under the present Employees Family Pension Scheme 1995.
4. The learned counsel for the complainant Shri.A. Balakrishnan Nair submitted that complainant is willing to refund the said amount to join the present Employees Pension Scheme 1995.
5. In the light of the above submissions we pass the following order.
Complainant is directed to refund `148/- with interest @ 8.5% from 10-11-1995 to till payment to the opposite party towards the refund of withdrawal benefit received under Family Pension Scheme 1971. She also directed to submit the application as per the prescribed rules opting the Employees Pension Scheme 1995. On receiving the said amount and application opposite party shall process her application within 2 months from the date of receipt of application and she shall be paid the pension as per the EPF scheme 1995. In the circumstances there is no order as to costs.
MEMBER MEMBER PRESIDENT
Pj/
