SRI G.K. RATH, PRESIDENT …                The factual matrix of case is that, the complainant was working as Contingent Khalasi vides EPF A/c No. OR/10027/04 under the OP.no.1 and received V.S.S. on 31.12.1999. She claims for her gratuity sanction order and for issuance gratuity calculation sheet, she has submitted several persuasions to the OP.1 but no action yet taken till date. She also applied through RTI application to the OP.1 but the OP.1 neither replied nor yet intimate the same to the complainant. She contends that as per letter dt.02.02.16 of OP.1 she has already been deposited Rs.40/- for issuance of sanction gratuity office order and gratuity calculation sheet but also for no response by OP.1. She further contends that she has already submitted Form no.19, 10C(EPS), Bank pass book in Xerox, voter Id, EPF a/c slip to the OP.1 to attest and transmit the same to the OP.no.2 for payment of EPF & FPF amount but till today all her efforts are in vain. Hence she prayed before the forum to direct the OP.s to issue all her alleged documents, payment of EPF & FPF amount, Rs.90,000/- as compensation and cost in the interest of justice.

2.         The A/A for the OP.1 has filed his written argument to contend that, the case is not maintainable as the case is barred by limitation hence the Hon’ble forum has no jurisdiction to try the case. However the complainant though alleged that she has deposited Rs.40/- seeking the above said documents through R.T.I. but she has not placed the money receipts of Rs.40/-. He further contends that, the EPF documents of complainant have already been forwarded to the OP.no.2 vide lt.no.134/WE dt.27.05.2015, hence the complaint has no merit, so prayed to reject the same.

3.         The counsel for OP.2 has filed his counter and averred that, the claim application along with concerned forms has been returned to the establishment on dt.18.06.15 because the signature of authorized officer was not tallying. Thereafter no claim application has so far been received from the complainant after due compliance of the said discrepancy. So he submitted before the forum that necessary direction may please be given to the complainant to prefer claim application in F-19 & 10-C with due compliance. Hence he prayed that there is no deficiency in service on their part, so prayed to dismiss the case in the interest of justice.

4.         The A/A for OP.s and complainant has filed copy of certain documents in support of their claim. Case heard from them at length and perused the record.

5.         As the limitation provided as in 24(A) of the Act is an import of Civil Law, i.e. the law of limitation, sec 5 of the limitation Act, still provides that, a liberal approach is to be adopted and sufficient cause must be made out in a pragmatic manner and a pedantic approach requiring a complainant to file an application expressing all the reasons being explained in the routine of civil law to admit the complaint, is quite pedantic a view, and cannot be a defense , and as far as the objects of the C.P.Act, the procedure laid down in adjudicating if the dispute, where is summary in nature, should always be avoided.

6.         On the other hand, laws as C.P.Act 1986 and EPF & MP Act 1952 and socio economic and labour law, which conjointly moves in terms of the needs of the lay population of the society and the working class. These acts have to consider the basic principles of socio economic and living conditions of the low category of the society, who are not indigenous, literate and pedantic of the provisions and intentions of the laws, they have to be considered of the rights that ought to be conferred and concealed to them and the restrictions that ought be imposed in the enforcements of the contractual obligation. But, the foras under the C.P.Act, are not restricted by the terms of the contracts between the parties. As far as the welfare legislative motive is concerned, the rights of the beneficiary under a Govt. scheme, conferred to certain clause of the subjects of a welfare state like India, where is conferred under a statute, as in present under the EPF & MP Act, the right of the beneficiary and obligation of the employers under the laws, does not extinguishes as the rights and obligations as thus conferred and accrued are not under any contractual obligations but it is an imposition by the legislature. In contracts of the parties, rights may accrue or extinguish and law of limitation is well applied to such rights and remedies emerging out of the contract, but when it is an legal impositions the rights of the employees to EPF benefits is never extinguished, and Sec.24(A) of the C.P.Act, in exercise of the conformed of the rights conferred under EPF & MP act cannot stand a bar.

7.         It is seen from the record that, the complainant was working as a contingent khalasi under the OP.1 and received V.S.S. on 31.12.1999. The complainant contends that despite several approaches the OP.s has not yet provides the Gratuity amount office order and calculation sheet & EPF & FPF amount in her favour. Further it is seen that, the OP.1 has transmitted the required documents along with claim forms duly attested to the OP.no.2 vide their lr no.134/WE dt.27.05.2015 but the OP.2 send back the same as the authorized officer signature was not tallying and denied to receive the same after correction from the OP.1 thereof. On the other hand it is seen that the complainant has submitted all required documents along with affidavits to the OP.1 and the OP.1 along with attestation retransmit to the OP.no.2 but the OP.no.2 denied the same with one plea or the other. It is also seen that from dt.18.06.2015 no opposite parties have taken any initiations to settle the matter of complainant till yet. 

8.         Before delving to the conclusion we are of the view that the complainant inflicted great losses mentally and financially due to the dilly dallying tactics of OP.s. Hence we found deficiency in service on the part of OP.s. As thus we allowed the complaint in favour of complainant.

                                                                        ORDER

i.          The OP.1 & 2 are hereby directed to take rapid actions as per provisions of EPF Rules to settle the claim of complainant and the actions shall compliance to this forum with immediate effect.

ii.         The OP.2 is hereby directed to provide the EPF & FPF dues pending against the complainant if any, and any other relief pending against the complainant with immediate effect. No cost.

iii.        All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total amount shall bear 12% interest per annum till its realization. Order pronounced in the open forum on 15th day of Dec' 2017.

     sd/-                                  sd/-                                  sd/-

MEMBER                       MEMBER                   PRESIDENT,DCDRF,

(Sri R.S.Nayak)            (Smt M.Padhi)                   (Sri G.K.Rath)