DATE OF FILING-19.3.2013

                                                                                             DATE OF DISPOSAL-12.5.2014

                                             O R D E R

Mrs.Minati Pradhan,Member

The case of the complainant is that he was working as a Driver under the Orissa State Road Transport Corporation( in short ‘OSRTC’)  from 10.6.1985 till 1.4.2007.  The complainant was also a member of the E.P.F.Organisation and M.P.Act,1952 having E.P.F.Account No.OR/87/4396.   During his service period he worked in different stations of OSRTC and lastly he resigned on 1.4.2007 for his disablement which was accepted by Opposite Party No.2 when he was posted at OSRTC,Berhampur Zone.  Thereafter, the complainant submitted the Form No.19 and Form No.10D for final settlement of EPF and sanction of family pension in his favour.  The Accounts Officer,S.R.O., P.F.Organisation,Berhampur on receipt of Form 10D asked the Divisional Manager, OSRTC to furnish details of periodical particulars for sanction of reduced pension  vide letter dated 26.10.2009. The Assistant P.F.,Organisation, Keonjhar submitted the details of P.F to the Opp.Party No.3 on dt. 13.12.2010, but he was deprived of getting the legitimate dues like P.F. and Pension benefit from Opposite Party No.3.   Hence, this case for  settlement of P.F.claim and Pension benefit of the complainant along with compensation of Rs.10,000/- and cost of litigation of Rs.3000/- for the harassment, mental agony and deficiency in service caused by Opposite Parties.

2-         The Opposite Parties did neither  appear nor file their written version despite receipt of notice of the Forum.  Hence, the Opposite Party Nos.1 and 2 were set ex-parte on dated 5.11.2013 .

            The Opposite Party No.3 entered its appearance through learned counsel and filed  its written version wherein it is stated inter-alia that  the P.F. contribution which were received from different work stations of the complainant and merged in his P.F.Account No.OR/87/4396.  As desired by the complainant, the P.F. dues in respect of the complainant were settled twice i.e. in first phase a sum of Rs.59,003/- was released vide cheque No.62645 dt.29.9.2009 having received the transfer-in amount from OR/1831/92, OR/2027/138, OR/1322/248 and OR/3348/159.  In the second phase, an amount of Rs.18,326/- vide cheque No.226602 dated 19.1.2012  was released in favour of the complainant having received the amount from  OR/1342/231.  Till date no balance is shown in the P.F.account of the complainant.  But the P.F.dues for the period from 14.11.1990 to 11.7.1998 and from 13.10.2000 to 13.3.2002 are yet to be received from the concerned working stations and, therefore, the final settlement has not been done.  It is stated that there is no negligence or deficiency in service on their part for which there would be no case against Opposite Party No.3.  It is prayed for dismissal of the case on the above grounds.

3-         In support of the case of the complainant, he has filed certain documents which are marked as Annexure-1 to 4 respective.  On the other hand, the Opposite Party No.3 has preferred not to file any document.

4-         On the date of hearing we heard the learned counsel appearing for the complainant and on behalf of the Opposite Party No.3 at a length.  Perused the documents filed on record and written arguments filed by the respective parties in detail.  It is not disputed that the complainant is a member under Opposite Party No.3 bearing E.P.F. Account No.OR/87/4396.  It is also not disputed that the complainant has received the P.F. dues  in two occasions from Opposite Party No.3.   It is also not disputed that the complainant  retired from his service voluntarily on 1.4.2007.  Therefore, he is entitled to receive his P.F. dues up to 31.3.2007.  It is contended by the Opposite Party No.3 that there is no due lying in his P.F. account and the amount would be settled and family pension would be paid to him subject to receipt of balance P.F.dues for the period from  14.11.1990 to 11.7.1998  and from 13.10.2000 to 31.3.2007 from Opposite Party No.1 and 2.  The Opposite Party No.1 and 2 have failed to appear before us to give their reason for non-payment of the P.F. deducted from the salary of the complainant to Opposite Party No.3.  Moreover,  there is also latches found from the side of the Opposite Party No.3 regarding not initiating any legal action against the Opposite Party No.1 and 2 to receive P.F.deposit from the later.  However, it is clear that the Opposite Party No.1 and 2 have not deposited the P.F.dues with the Opposite Party No.3 for which the complainant has been deprived of getting his legitimate dues in time.  Non-deposit of P.F.dues deducted from complainant’ salary in time with the Opposite Party No.3 is the negligence on the part of the Opposite Party No.1 and 2 which has attributed to deficiency in service.   Therefore, the Opposite Party No.1 and 2 are jointly and severally liable to deposit the deducted P.F. amount of the complainant with the Opposite Party No.3 for the period from 14.11.1990 to 11.7.1998 and from 13.10.2000 to 31.3.2007. 

5-         In the result, we allow the case of the complainant ex-parte against Opposite Party No.1 and 2  and on contest against Opposite Party No.3.  Accordingly, we direct the Opposite Party No.1 and 2 to deposit the deducted P.F.amount  of the complainant with Opposite Party No.3 for the period from 14.11.1990 to 11.7.1998 and from 13.10.2000 to 31.3.2007 obseving necessary formalities, if any.  The Opposite Party No.3 is directed to settle the P.F.claim of the complainant on receipt of deposits from Opposite Party No.1 and 2.    The above amount has to be deposited by Opp.Party No.1 and 2 within 90 days from the date of receipt of this order.  In the event of non-compliance by Opposite Party No.1 and 2 within the above period, the Opposite Party No.3 has at liberty to take necessary legal action as per law provided against Opp.Party No.1 and 2 to realize the amount and to pay the same to the complainant.  Taking into consideration the circumstances of the case, we are not inclined to award any compensation in favour of the complainant.  However, a sum of Rs.2000/- (Rupees two thousand) is awarded toward cost of litigation to meet the ends of justice, which the Opposite Party No.1 and 2 would be jointly and severally liable to pay the same to the complainant within the period as ordered above.  The case is disposed of accordingly in the above term.

            Dictated and corrected by me on this 12th day of May,2014.

            I AGREE                                                               MEMBER

(Dr.N.Tuna Sahu,Member)                                      (Mrs. Minati Pradhan )