SRI G.K. RATH, PRESIDENT …             The factual matrix of case is that, the complainant was working as Helper (NMR) vides EPF A/c No. OR/2955/232 under the OP.no.1 from 01.12.1982 to 25.08.1988 and posted as jeep driver (WC) w.e.f. 26.08.1988. He contends that as per EPS Rules he is eligible to deposit EPF & FPF amount from 01.12.92 to 25.8.88, hence he submitted several letters to the OP.1 to deposit the same but no action yet been taken by the OP.1. So he contends that the action of OP.s is amounts to deficiency in service, hence prayed to allow the entire claims as alleged along with Rs.80,000/- as compensation and cost of litigation.

2.       The A/A for the OP.1 & 2 has filed his counter to contend that, the complainant has prayed the forum to pay unpaid amount of EPF & FPF since the date of joining i.e. 01.12.82 instead of 1997, on which date the OP has allowed such benefits. The complainant was working under the then Water Resources Department from 01.12.82 to till 25.8.88. Hence any claim for non contribution of EPF ought have been made within two years of transfer of his service, but the complainant never been made any claim at any point of time, so the case is grossly barred by limitation as per provision U/s 24-A of the Act. The cause of action also arouse during 1997, and in the meanwhile the complainant does not disclose day to day cause of action for filing the present complaint, hence the case is not maintainable. So he prayed to dismiss the case in the limine.

3.       The counsel for OP.3 has filed his counter and averred that, on verification of office record i.e. F-9 ® submitted by the establishment it is found that the date of joining of the complainant is 12/1988 & date of leaving service is 15.12.2001. On receipt of claim application in F-19 & 10-C the OP.3 has already released the PF dues firstly for Rs.68,353/- on 28.5.2002 & Rs.12,274/- on 14.1.2008 for the service period 12/88 to 15.12.2001 and scheme certificate has already been issued to the complainant. Regarding non extension of PF benefits prior to 12/1988, the complainant neither submitted any claim nor appears to the O/o OP.3. However on receipt of the notice of this forum the OP.3 has already directed the area Enforcement Officer to visit the establishment & verify the relevant records of the establishment and submit a detail report in this regard for taking further course of action towards extension of PF benefits to the complainant from the date of his joining. 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.       It is seen from the record that, the complainant was working as a Helper (NMR) then appoint as jeep driver (WC) under the OP.1 for the period from 01.12.1982 to 25.8.88 and onwards but the complainant could not elaborate how far he served under the OP.s and just prayed to direct the OP.s to deposit EPF & FPF amount from 01.12.82 to 25.8.88. The complainant further contends that despite several representations the OP.1 has not deposited his EPF & FPF amounts hence this complaint.

6.       On perusal of evidences in records and being heard from both sides we are of the view that the complainant has already received Rs. 68,353/- on 28.5.2002 & Rs.12,274/- on 14.1.2008 from the OP.no.3 for the service period 12/88 to 15.12.2001 towards PF dues and prior to the said period, they have started their efforts to pay the PF dues for extension periods. As far as record is concerned the complainant has filed several request letters addressed to the OP.s to deposit his EPF & FPF amount from 01.12.82 to 25.8.88 but the OP.s neither replied him on his persuasions nor paid the claimed dues and kept the complainant in dark and also compelled the complainant to file the present complaint. In the meanwhile the complainant gone through financial crunches that effects on his family and children hence 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 with cost.

                                                                     ORDER

i.        The OP.1 & 3 are hereby directed to take necessary actions to release the claim of complainant as per provisions of EPF Rules 1952 and the actions shall compliance to this forum with immediate effect.

ii.       The OP.3 is hereby directed to release the outstanding PF benefits for the period 01.12.82 to 25.08.1988 and any other dues pending against the complainant with immediate effect, inter alia, to pay Rs.3000/- for cost of litigation to the complainant. Besides the OP.3 is at liberty to recover the litigation cost supra from the erring officer who responsible for such delay.

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 27th day of Nov' 2017.

                Sd/-                                        Sd/-                                           Sd/-

           MEMBER                              MEMBER                           PRESIDENT,DCDRF,