Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.08.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay interest and penal interest covering the remaining delayed period.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that complainant exited from bank service on 31.08.2005 while posted as Branch Manager (M.M.G.S. III ) at State Bank of India, Pachamba Branch under the Bank exit option scheme 2005. He, for the settlement of terminal dues ( i.e. PF, Gratuity, Pension and leave Enhancement on Retirement ) submitted his original claim application to the Bank on 19.05.2005 and the Bank accepted his voluntarily release request and released him from the Bank service w.e.f. 31.08.2005.
The grievance of the complainant is that after several reminders and correspondence the Bank authority forced him to submit another claim application for second time and as such he is entitled to receive all benefit w.e.f. 19.05.2005 and not after delay of five or six months.
The complainant has filed calculation in order to show that he has got less amount that he ought to have received as per Bank circular.
On behalf of Bank a written statement has been filed stating therein that this application is not maintainable as the cause of action arose on 31.08.2005 at the time of retirement and this case has been filed in year 2010. On merit in Para – 6 of the written statement it has been asserted by the Bank that the Bank only “paid the interest on delayed payment of terminal benefit. The period of delay was taken on 12.11.2005 to 03.02.2006 for provident fund and 12.11.2005 to 16.01.2006 in the case of gratuity. The deponent further states and submits that in the case of payment of interest on delayed payment of terminal dues to the employees ……………..” it has been also asserted that under the exit option scheme the day employee gives notice to the retiree under exit option that day has to be considered as the date of application for payment of terminal dues and interest on delayed payment of terminal benefits will became payable only after 30 days from the date of actual exit/retirement/ resignation. It has been further asserted in Para – 7 of written statement that as the complainant has served the notice on 26.05.2005 and hence his retirement date is 30.08.2005 and the interest will be payable from 01.10.2005. The details of payment of provident fund, gratuity etc. has been mentioned in Para – 7 of written statement.
The complainant has also filed rejoinder cum written argument stating therein that during the pendency of the case the Bank authorities have quietly made further payment of interest for 42 days as will appear from annexure – 7. He has further stated that he was allowed to exit from the Bank service w.e.f. 31.08.2005 hence his entire payment should be made keeping the aforesaid date of retirement and submission of claim form.
On behalf of Bank reply to rejoinder sum written argument has also been filed repeating the fact asserted earlier in written statement.
We have gone through the entire record in the light of submission of the counsel.
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The complainant has asserted that he had submitted his claim form on 19.05.2005 but from annexure – 2 of the complaint petition ( letter being letter no. RBO/D/RKS/08-09/478 dated 15.12.2008) of regional Manager. It transpires that the proposal for terminal dues was submitted by the complainant on 12.11.2005 to the Branch and forwarded by Branch vide letter no. BM / 160 dated 19.11.2005 at RBO Deoghar which was sent to Zonal office, Bhagalpur on 23.11.2008. In annexure – 2 it is specifically mentioned that “ the submission of terminal dues proposal on 19.05.2005 to the Branch seems to be incorrect as stated by Sri Mondal in his appeal.”
From perusal of written statement and annexures filed by the Bank authorities it transpires that as the complainant has submitted proposal for terminal benefits on 12.11.2005 hence the period of delay would be reckoned from 12.11.2005 till the date of payment. It is also crystal clear that Bank authorities have denied that the complainant has submitted the claim on 19.05.2005.
It goes without saying that this forum has no jurisdiction to decide any disputed fact.
So far preliminary objection of the Bank about the maintainability is concerned. It goes without saying that during the pendency of this complaint in this forum the Bank has transferred certain amounts in favour of the complainant in 2011 as will appear from annexure – 7 of the rejoinder cum written argument hence in our opinion this complaint is maintainable.
From perusal of annexure – 7 of the complaint petition which appears to be order of the appellant authority ( Chief General Manager and first appellant authority) it appears that he has also given order to examine the claim of the complainant on merit.
No purpose will be served in repeating the same fact again and again. However in the fact and circumstances of the case we direct that if the complainant files detailed representation before appropriate authority within two months from the date of receipt of this order or certified copy of this order then the appropriate authority will scrutinize the claim of the complainant on merit and pass the reasoned order in accordance with law within three month from the date of aforesaid representation of complaint as directed above.
Thus this complaint petition stands disposed in the light of aforesaid direction.
Member President
