1. The brief history of the case of the complainant is that she is the legal married wife of deceased Nila Hial was working under OP.3 as Helper. Late Nila Hial during his tenure of service was a subscriber to EPF and FPF Vide A/c No.3088/225 in which the present petitioner and their son, Daitari Hial were 1st and 2nd nominee and Daitary was expired in the meanwhile. It is submitted that one Sontoshmani Bhatra, W/o. Urio Bhatra of Vill-Mansipadar, Borigumma came to Nila Hial by deserting her husband and after the death of Nila two numbers of legal heir certificate were issued by Tahasildar, Borigumma vide No.195/93 & 19/2008. As the legal heir certificates were contrary to each other the Ops 1 & 2 could not settle the claim and insisted Succession Certificate. By virtue of Succession Certificate, the Ops 1 & 2 released the EPF and arrear pension of Rs.1, 90,653/- in favour of the petitioner but later on they have taken back the said amount with some untenable pleas. Thus alleging deficiency in service on the part of the Ops, she has filed this case praying the Forum to direct the Ops to settle the EPF pension and its arrears in favor of the complainant with interest and to pay Rs.50/- per day towards compensation from 13.11.2014 to the complainant.
2. The Ops 1 & 2 filed counter denying allegations of the complainant and contended that as per legal heir certificate No.195/93 issued by Tahasildar, Borigumma; Smt. Santoshmani Hial is the wife of the deceased member and hence the present complainant cannot be treated as legal married wife of the deceased member. After the above legal heir certificate, the Tahasildar, Borigumma has issued another legal heir certificate vide No.19/2008 dt.13.2.2008 where it has been mentioned that the petitioner was the 2nd wife of the deceased member. In view of 2 legal heir certificates, the Ops asked the petitioner for succession certificate for sanction of benefits and in the succession certificate furnished by the petitioner it has been mentioned that the petitioner Rama Hial is the married wife of deceased Nila Hial but nowhere it has been mentioned in the succession certificate that the petitioner is the 1st married wife of late Nila Hial. It is further stated that in response to the succession certificate, the Ops released the PF dues in favour of Rama Hial. The pension claim application of the petitioner has been processed and PPO No.99001125 was generated towards release of pension and arrears but the same PPO has been cancelled since the petitioner is not the eligible claimant for getting pension. It is also further contended that Santoshmani Hial, the 1st wife of the deceased member or her legal heir would have been entitled to family pension but she failed to submit the pension application. Thus denying any deficiency in service on their part, the Ops prayed to dismiss the case of the complainant.
3. The OP.3 also filed counter denying the allegations of the complainant and contended that after the death of Nila Hial, his wife Santoshmani produced legal heir certificate vide No.195/1993 dt.26.3.1993 issued by Tahasildar, Borigumma and accordingly she was appointed as W/C Khalasi under R. A. Scheme and retired w.e.f. 31.12.2006 and she was expired on 17.8.2009. It is further contended that after lapse of 15 years, the present petitioner obtained another legal heir certificate from same Tahasildar adding her name as 2nd wife vide Mis. Case No.19/2008 and Rama Hial also submitted succession certificate which was forwarded to Ops 1 & 2 for sanction of EPF dues. It is also further submitted that the EPF authorities are competent to consider the matters of pension and its arrears in favour of the applicant Rama Hial. Thus the OP denied any fault on its part.
4. The complainant and the Ops have filed certain documents in support of their cases. Heard from the parties through their respective A/Rs and perused the materials available on record.
5. In this case Nila Hial was an employee under OP.3 and also was a subscriber to EPF & FPF Scheme vides EPF A/c No.3088/225. According to the complainant, she is the legal married wife of Nila but one Santoshmani after deserting her 1st husband came to Nila. After the death of Nila, Santoshmani obtained a legal heir certificate Vides No.195/1993 from Tahasildar, Borigumma and by virtue of that certificate, she got a job in the office of OP.3, the employer of Nila under R. A. Scheme. As found from the record, Santoshmani retired from her service on 31.12.2006 and expired on 17.8.2009. Santoshmani has not filed any claim application for getting the PF dues of Nila, as stated by OP.3 in his counter.
6. Further the petitioner, Rama has obtained a legal heir certificate Vides No.19/08 from Tahasildar, Borigumma wherein her relation with Nila has been mentioned as 2nd wife. The petitioner applied for PF dues, pension and arrears of her late husband. After receiving 2 legal heir certificates, the OP.3 being the initiating officer in respect of release of Govt. dues of Nila, wrote to Tahasildar, Borigumma about the discrepancies noticed in the certificates but the said Tahasildar did not turn up and hence the OP.3 insisted the complainant to obtain Succession Certificate from the competent court.
7. It is seen that Rama has obtained succession certificate from the competent court wherein it has been clearly mentioned that Rama is the wife of Nila Hial and is entitled for PF dues. Basing upon the said certificate, the Ops 1 & 2 released the PF dues but after granting the PPO and arrears, they have withdrawn the said benefits from the petitioner.
8. We have carefully gone through the documents available on record. Form No.2 of EPF Scheme, 1952 duly filled in and signed by Nila Hial and submitted before the OP.3 which is known as declaration and nomination form clearly reveals that Rama Hial is the wife of Nila and nominated as beneficiary to all benefits. This is a government record the copy of which is available on record. The succession certificate also clearly indicates that Rama Hial is the married wife of deceased Nila Hial and is entitled to receive the PF dues from APFC, Berhampur.
9. For the sake of evidence, the Sarapanch of Gumuda G. P. under Borigumma Block has issued a certificate with signature of witnesses stating that Rama Hial is the wife of late Nila Hial. After that the said Sarapanch has issued a statement considering the application of the petitioner that Smt. Rama is the legal wife of Nila Hial. Further the Sarapanchs of Katharagada and Champapadar G.P. under Borigumma Block after due enquiry and taking the versions of witnesses of locals have also issued certificates stating that Rama Hial is the 1st wife of Nila Hial and by deserting her 1st husband, Santoshmani was staying with Nila. It is essentially required to mention here that the younger brother of Santoshmani namely Sikandar Mohanandia has clearly led evidence that his sister Santoshmani by deserting her husband, Urio Bhatra was living with Nila as his wife. These certificates definitely bear some evidential value in recognizing the present petitioner.
10. From the above facts it was ascertained that Rama was the legal wife of Nila and Santoshmani being the legal wife of Urio Bhatra was living with Nila for some time and later on she came to Urio. As per Hindu Marriage Act, one married wife of other cannot be a legal wife of another person. Hence it can be concluded that Rama is the legal wife of Nila and succession certificate also says so.
11. By virtue of succession certificate, the Ops 1 & 2 have released the PF dues in favour of the petitioner but failed to release the pension and arrears apprehending future complicacy. In the light of above discussions, we hold that the present petitioner, Rama has received the PF dues and hence in the same line she is also entitled to get family pension as well as pension arrears as beneficiary of her deceased husband. Further in the Form No.2 of EPF Scheme, 1952 as discussed above, Rama is the wife of Nila. However, Santoshmani and Daitary both are dead.
12. Hence ordered that the complaint petition is allowed in part and the Ops 1 & 2 being jointly and severally liable are directed to settle the pension case with arrear dues of pension in favour of Rama Hial, W/o. Nila Hial within 30 days from the date of communication of this order. In the peculiar circumstances of the case, we are not inclined to grant any compensation or cost in favour of the complainant.
(to dict.)
