<br /> By ADV. RAVI SUSHA, MEMBER.<br /> <br /> Complainant filed this complaint seeking EPF pension 1995 and other reliefs.<br /> <br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> <br /> The complainant was a cashew worker under the 1st opp.party, Abbas Cashew Factory. She retired from service on 31.12.2000 due to superannuation at the age of 58. The complainant was born in the year 1944 for which there is valid documentary evidence. But the 2nd rend opp.party rejected the benefit of the pension on the plea that her date of birth as per his records is 1942. The complainant alleges that there is deficiency in service on the part of the 1st opp.party.<br /> <br /> The 1st opp.party filed version contending that the complainant had joined the EPF 1952 on 1.11.1966 holding account NO.KR/1268/921. She was not a member of the Employees Family Pension Scheme 1971. Her EPF account ceased on 3.4.1989 that date on which the EPF account was settled. The complainant had joined again in EPF on 1.4.1991 at the age of 49 years. Membership in EPS 1995 can be retained only upto 58 years of age as per para 6A of EPS 1995. For short service pension the complainant has to under a minimum of 10 years eligible service within her 58 years of age. The complainant acquired only 9 years service and hence not eligible for pension. The complainant has settled her PF benefits in October 2004. The allegation of non-settlement of EPF account is incorrect and prays for the dismissal of the complaint.<br /> <br /> The 2nd opp.party filed a version contending, interalia, that the complain ant bearer of employees provident fund and employees pension scheme account NO.KR/1268/1517 joined the scheme on 1.4.1991 at the age of 49 years and left the service on 31.12.2000. Her employees provident fund account in respect of KR.1268/921 had been settled on 3.4.1989, that the claim for contribution of old account which ceased on 3.4.1989, is unsustainable and against the para 26A of Employees Provident Fund Scheme 1995. The settlement files need be retained only for a period of 3 years. The complainant started contributing to the Employees Family Pension Scheme 1971 with effect from 1.4.1991 onwards at the age of 49 years and attained 58 years of service on 1.4.2000. The eligibility for monthly pension is prescribed by para 12 of the scheme. A minimum of 10 years contributory service within 58 years of age is required for acquiring eligibility for pension. While so the complainant has secured only 9 years of service in employees pension scheme 1995 so that the complainant is entitled for withdrawal benefit specified under para 14 of Employees Pension Scheme 1995. There is no deficiency in service on the part of the 2nd opp.party. Hence the 2nd opp.party prays to dismiss the order. <br /> <br /> Points that would arise for consideration are:<br /> <br /> 1.Whether there complainant is entitled to get pensionary benefits under the EPS 1995.<br /> 2.Whether there is deficiency in service on the part of the opp.parties<br /> 3.Reliefs and costs.<br /> <br /> <br /> For the complainant PW.1 is examined. Ext. P1 to P3 are marked.<br /> <br /> <br /> For the opp.parties DW.1 is examined. Ext. D1 to D5 are marked.<br /> <br /> Points 1 to 3<br /> <br /> The case of the complainant is that she retired from service on 31.12.2000 due to super annuation at the age of 58. She was born in the year 1944. Hence she has eligible service for getting pension. The opp.party 2 contended that as per the statutory declaration in Form NO.9 the complainant has settled her 1st PF account on 3.4.1989 and again joined in EPF on 1.4.1991 at the age of 49 years. The complainant acquired only 9 years service and hence not eligible for pension. The only matter to be decided is whether the complainant has eligible service for getting pension. Hence there is no dispute that the complainant has retired from the service on 31.12.2000 and joined 2nd time in EPF on 1.4.1991. As per para 12 of Employees pension scheme 1995 for short service pension the worker has rendered eligible service of 10 years or more but less than 20 years.<br /> <br /> Hence for short service pension a member has to render a minimum of 10 years of age. For proving the date of birth the complainant has produced Ext.P2. But Ext.P2 alone is not sufficient for proving the date of birth. As her date of birth in Form No.9 . Ext.D3 is not disproved, she does not have eligible service to render short service pension. The rejection of her pension application in this basis by the 1st opp.party is legal. As per Ext. D5 the complainant has settled her EPF account in October 2004. There is no deficiency in service on the part of the opp.parties. The complainant is entitled to no relief.<br /> <br /> In the result the complaint is dismissed without cost.<br /> <br /> Dated this the 28th day of August, 2008.<br /> <br /> <br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant.<br /> PW.1. Kutty<br /> <br /> List of documents for the complainant<br /> P1. – Repudiation letter<br /> P2. – ESI Card.<br /> P3. – Subscription receipt 2003<br /> <br /> List witnesses for the opp.parties<br /> DW.1. – K.P Rajagopalan Nair<br /> <br /> List of documents for the opp.parties<br /> D1. – Form NO.9<br /> D2. – Period of Retention of account<br /> D3. – Form NO.9<br /> D4. – Letter issued from PF Officer<br /> D5. – Letter dated 21st August 2003<br /> <br /> <br /> <br /> <br />