SRI G.K. RATH, PRESIDENT …             The factual matrix of case is that, the complainant was working as a Fitter Gr-1 under the OP.1 w.e.f. 13.11.90 and opted for VSS on 31.12.1999 vide A/c no. OR/5282/32. He contends that as per order of the then E.E., the complainant contributed his EPF deductions 10% p.m. from joining of his service i.e. 12.11.90 to till 31.1299. Though the complainant being eligible to get EPF amount for the said periods but not yet receive the same from the OP.s. So he contends that he has submitted several persuasions to the OP.s but for no result, hence there is deficiency in service on the part of OP.s. Hence he contends that, due to non issuance of EPF amount he inflicted mental and financial losses, so prayed to allow the entire claims along with a sum of Rs.50,000/- as compensation and Rs.5000/- as cost.

2.       The OP.no.1 & 2 has filed their written argument jointly and averred that the case is not maintainable. The forum has no jurisdiction to entertain the same as it is not coming under its ambit. The case also attracts the Sec.24A of C.P.Act and the cause of action has been lapsed for above two decades. To support his contentions he has relied some decisions of other higher courts. Further he contends nothing except evasive denials with a prayer to dismiss the complaint.

3.       The counsel for OP.3 has filed his counter and stated that, the date of joining of complainant, OR/5282/32 is on 01.11.1997 and he left from service on 31.12.1999. On receipt of claim application in F-19 & 10-C the OP.3 has already released PF/FPF dues a sum of Rs.6500/- & Rs.3163/- on 23.6.2000 & on 28.9.2000 for the period of 01.11.97 to 31.12.99. Regarding extension of PF benefits prior to dt.01.11.1997, neither any grievance made by the complainant regarding non extension of PF benefits from the date of joining. However on receipt of complaint this OP.3 has initiate an enquiry under 7A of EPF & MP Act 1952 against the concerned establishment and the same has been concluded extending the EPF benefits to the complainant prior to 01.11.97 and against the said order the establishment has filed a review petition under 7B before the P.F. Commissioner-II & OIC and the same subjudice. So he prayed to dismiss the case.

4.       The complainant has filed copy of some documents. The OP.s filed nothing except counters. Case heard from them and submissions considered. 

5.       It reveals from the record and submissions that the complainant has prior to file the present complaint has submitted all required documents to the OP.3 through the employer along with required claim forms and has already been received a sum of Rs.6500/- & Rs.3163/- on 23.6.2000 & on 28.9.2000 but yet to get the extension PF benefits. The OP.3 in his counter taken the plea that he has initiate an enquiry against the establishment to which the establishment filed a review against the petition which res subjudice before the R.P.F.C., hence not yet redressed the same, hence the complainant under compulsion craves leave of this forum seeking justice. It is seen from the record that the OP.3 has neither specified the present status of the extension PF of complainant nor he filed any cogent evidence to prove that the matter is still pending before the R.P.F.C. It is further seen that the complainant has already been received Rs.6500/- & Rs.3163/- too earlier but he did not disclosed the fact before this forum. However the complainant being poor, indigent, needy deprived of to get his legitimate dues of extension P.F. benefits, as such we allowed the complaint as follows:

                                                                     ORDER

i.        The OP.3 is hereby directed to pay the entire unpaid PF & other benefits in relation to A/C No. OR/5282/32 in favour of the complainant as per provisions laid down in EPF & MP Act 1952 within 30 days of receipt of this order and such compliance be informed to this forum, failing which the total accumulated sum shall carry 12% interest p.a. till its realization. Order pronounced on 5th day of Feb’2018.

                Sd/-                                                  Sd/-                                          Sd/-  

          MEMBER                                       MEMBER                               PRESIDENT

                Memo No_______________DF         Dt………………………

            Copy to the parties concerned.

                                                                                                          PRESIDENT, DCDRF,

                                                                                                          NABARANGPUR