For Complainant          :             Sri M.K.D.Rao, A/R.

For OP No.1                    :             Self.

For OP No.2                    :             Self.

For OP No.3                    :             Sri K. N. Samantaray, Advocate & associates.

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1.                         The brief facts of the case of the complainant are that his father Chandra Khara was working as Khalasi under Ops 1 & 2 who died on 19.10.1998 while in service.  The complainant has got Orphan pension vide EPF A/c. No. OR/3242/70 of his father and for payment of Govt. dues he has already submitted relevant papers but the Ops have not considered his case till today.  Thus alleging deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the OP.1 for payment of Gratuity, revise scale and to deposit EPF & FPF contribution from 01.10.1998 to 19.10.1998 vide EPF A/c. No. OR/3242/70 and to direct OP.3 to pay EPF and EDLI amount and the Ops to Rs.80, 000/- towards compensation and costs to the complainant.

2.                         The Ops 1 & 2 though entered their appearance through their staff members, did not prefer to file counter.  The OP.3 filed counter challenging the jurisdiction of the Forum to entertain this case and contended that the claim forms along with relevant papers in respect of A/c. No. OR/3242/70 so received have been returned to the claimant on 07.01.2016 for compliance and no further documents has been received by OP so far after due compliance of the defects.  It is further contended that for deposit of EPF share of late Khora by OP.1, the OP.3 has deputed its E.O. for verification of record and the establishment was directed to deposit the dues for the period 01.10.1998 to 19.10.1998 if eligible.  Thus denying any fault on its part, the OP prayed to dismiss the case of the complainant.

3.                         The complainant has filed certain documents in support of his case.  Heard from A/R for the complainant and perused the materials available on record.

4.                         In this case the OP No.3 has challenged the territorial jurisdiction of this Forum to entertain this case.  Before going to other merits of this case, it is incumbent on our part to see whether this Forum lacks territorial jurisdiction to try over this case.  It is seen from the record that the father of the complainant was working as Khalasi under Ops 1 & 2 whose establishment is situated at Khatiguda in the district of Nabarangpur.  No branch office of Ops is situated in the district of Koraput.  Thus the complaint is erred in filing this case before this Forum which lacks its territorial jurisdiction to try over this case.  This case should have been filed before the DCDRF, Nabarangpur in whose jurisdiction the Ops’ office situated.  In the above circumstances, this Forum totally lacks jurisdiction to decide this case and hence the case of the complainant is to be dismissed on the point of jurisdiction.

5.                         In the result, we dismiss the case of the complainant and the complainant is directed to agitate his grievance before the competent court.

(to dict.)