SRI G.K. RATH, PRESIDENT … The factual matrix of case is that, the father of complainant was working as a mate under the OP.1 w.e.f. 13.03.80 and opted for VSS on 31.12.1999 vide A/c no. OR/3022/280 and expired on 03.10.2012. He contends that as per order of the then E.E., the father of complainant contributed his EPF deductions 10% p.m. from joining of his service i.e. 13.03.80 to till 1999. Though the complainant being son of deceased is 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 Late Trinath Sahu, OR/3022/280 is on 01.07.1997 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.6461/- on 8.5.2000 & Rs.4114/- on 6.6.2000 for the period of 01.7.97 to 31.12.99. Regarding extension of PF benefits prior to dt.01.07.1997, neither any grievance made by the complainant regarding non extension of PF benefits from the date of joining on 13.03.1980. However on receipt of complaint this OP.3 has already directed the Area Enforcement Officer to visit the establishment & verify the relevant records and submit a detail report in this regard for taking further course of action towards extension of PF benefits to the above member from the date of Joining. 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.6461/- on 8.5.2000 & Rs.4114/- on 6.6.2000 but yet to get the extension PF benefits prior to 01.07.1997. Though the OP.3 in his counter assured that he has directed to his Area Enforcement Officer to look after the matter, but not yet redressed the same hence the complainant under compulsion craves leave of this forum seeking justice. On assurance of OP.3 on unpaid dues, we do not think it proper to go to the detail points raised by rest OP.s. Though the complainant has already been received Rs.6461/- and Rs.4114/- 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/3022/280 in favour of the complainant as per provisions laid down in EPF rules within 30 days of receipt of this order and the efforts immediate compliance to this forum, failing which the total accumulated sum shall carry 12% interest p.a. till its realization. Pronounced in the open forum on 5th day of Feb’2018.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Memo No_______________DF Dt………………………
Copy to the parties concerned.
PRESIDENT, DCDRF,
NABARANGPUR
