SRI G.K. RATH, PRESIDENT … The brief history of complaint is that, the husband of complainant Late Bipin Pani was working as a Watchman (NMR) under the OP.1, since 1980 and expired on dt.14.4.1995 while in service. That as per lr.no.2844 dt.27.6.2013 of OP.2 she came to know that the OP.1 has already been deposited EPF & FPF amount for all NMR employees from 8/1992 to 2/1996 vide EPF Code no.OR/3242 and also submitted annual return for the said period but her husband’s EPF & FPF amount has not deposit for the period from 8/1992 to 14.4.1995. As per instructions of OP.2 the OP.1 has allotted EPF a/c no. OR/3242/215 and deposit EPF amount for the period from 01.08.92 to 14.4.95 for Rs.4415/-. She has already submitted required documents to the OP.1 through RP to attest and send it to OP.2 for payment of PF amount of Rs.4415/-, EDLI amount and widow pension vide EPF A/c no. OR/3242/215. But till today she has not received any amount or information from the OP.s. Hence contends that there is deficiency in service by the OP.s. So she prayed before the forum to direct the OP.2 to pay PF amount of Rs.4415/- payment of EDLI amount and widow pension vide A/c no.OR/3242/215 and to allow compensation and cost of Rs.80,000/- in the interest of justice.
2. The OP.no.1 has filed parawise comments on allegation and averred that, their office has already deposited the EPF & FPF amount of late Bipin Pani for the period from 08/92 to 14.4.1995 vide lr no.300 dt.27.2.2017 and EPF a/c no has already allotted vide lr.no.786 dt.18.5.2017 and return has already submitted to the OP.2 vide lr.no.1592 dt.8.9.17. Hence he prayed that there is no deficiency in service on their part, so prayed to dispose the case in the interest of justice.
3. The counsel for OP.2 has filed his version and averred that, the P.F account number of deceased husband of complainant is OR/3242/215 and no annual return in respect of Bipin Pani has been received by their office for which the OP.2 is unable to process the account slips in respect of the said member. A show cause notice has been issued to the OP.1 to submit the annual returns in respect of late Bipin Pani for the period from 08/1992 to 13.4.1995. The OP.2 also assures that on receipt of annual returns in respect of late Bipin Pani immediate action towards settlement of EPF and allied dues in respect of complainant and deceased husband will be taken. Hence the complaint against OP.2 may please be dismissed in the interest of justice.
4. The complainant has filed copy of list of documents. The OP.s/A.A.s filed nothing except their counters. Case heard from both sides and perused the records.
5. It is seen from record that the complainant is the wife of Late Bipin Pani, who was working as a Watchman bearing A/c no. OR/3242/215 under OP.1 has served from 1980 to 1995 and unfortunately expired on dt.14.4.1995 while in service. Her claim is that despite several approaches, persuasions the OP.s has not yet paid the PF amount of Rs.4415/-, EDLI amount and Widow pension in favour of her late husband, hence this complaint.
6. The complainant herself being a NMR employee under the OP.1 bearing EPF A/c no.OR/3242/142, contended in the present case to get EPF & FPF benefits as she had claimed in her earlier case in C.C.No.63/2012 which is res subjudice in the file of this forum for the same cause title and claim and this forum has already been passed order in her favour, hence adjudication of same claims between same parties would be prejudice, impermissible and cannot be entertained for a similar purpose, so we quashed the repeated claim of complainant on the above ground for EPF A/c No.OR/3242/142, but inclined to decide the present claim based on her late husband.
7. However as far as her late husband is concerned, it is further reveals from record that, the OP.1 contended that he has already deposited the EPF & FPF amount of late Bipin Pani for the period from 08/92 to 14.4.1995 vide their office lr.no.300 dt.27.2.2017 and EPF A/c no. has already allotted vide lr.no.786 dt.18.5.2017 and annual return has already submitted to the OP.2 vide lr.no.1592 dt.8.9.17. But on the other hand the OP.2 contended in his counter that, he has not yet received the annual return of late Bipin Pani from the OP.1 and further contends that, a show cause notice has already been issued to the OP.1 to submit annual returns in respect of late Bipin Pani for the period from 8/92 to 13.4.1995.
8. What we find from record is that, both the OP.s refuting the claim of the complainant in a very perfunctory style which seems nothing but foul plays to grant the legitimate pensionery benefits in favour of complainant. The complainant being a physically challenged age old lady restrained to get the benefits which she is outrightly entitled for. So we found deficiency in service on the part of both OP.s and the complainant being wife of the deceased is entitled for relief with A/c no.OR/3242/215 of her late husband Sri Bipin Pani.
Hence the complaint against OP.s is allowed in part.
O R D E R
i. The OP.1 & 2 collaterally are hereby directed to take actions and settle the specific claims of complainant in favour of her late husband Bipin Pani, vide his A/c No.OR/3242/215 with war footing steps as per provisions laid down in EPF Rules and the detail action taken reports shall compliance to the complainant with immediate effect.
ii. No cost.
iii. All the above directions shall be complied with in 60 days of receipt of this order, failing which, the total accumulated monetary benefits shall bear 12% interest per annum till its realization. Order pronounced in the open forum on 29th day of May' 2018.
Sd/- Sd/-
MEMBER PRESIDENT
