DATE OF FILING- 5.12.12
DATE OF DISPOSAL-10.6.2014
O R D E R
Mrs.M.Pradhan,Member
The case of the complainant in short is that the complainant was working as Cadre Field Officer under the Opposite Parties from 1.1.1975. The complainant had opted for retirement under Voluntary Separation Scheme and his application was accepted . He relieved from his service on 30.9.2011. During his service period there was deduction under C.P.F.from his salary and after his retirement he made a representation on dt. 8.3.2012 for payment of P.F. amount of around Rs.55,189/- . The Opposite Party No.2 forwarded the representation of the complainant to Opposite Party No.1 vide letter No.202 dt.15.3.2012. But no payment was made to him. So he sent a legal notice on 11.5.2012 and on receipt thereof the Opposite Party No.2 requested to O.P.No.1 for release of his P.F.money. As on 30.11.2012 the P.F amount was accumulated to Rs.74,776/- and when all his efforts to get the P.F.dues from Opposite Parties
was found fruitless, he filed this case praying for a direction to Opposite Parties for release of his P.F.dues of Rs.74,776/- along with compensation of Rs.20,000/- for the harassment and mental agony caused to him due to deficiency in service on the part of the Opposite Parties and Rs.5000/- towards cost of litigation.
2- The Opposite Party Nos. 1 and 3 entered their appearance and filed written version separately. The Opposite Party No.2 despite receipt of notice has failed to appear . Therefore, the Opposite Party No.2 was set ex-parte vide order dt. 6.8.13.
3- The Opposite Party No.1 in his written version has clarified that the complainant was an employee of Nayagarh CARD Bank and Bhanjanagar CARD Bank Ltd. appointed by CARD Bank and all disciplinary action were carried by the appointing authority i.e. Opposite Party No.2 and 3. It is further stated that no P.F. or gratuity amount is lying due with them and Opposite Parties No.2 and 3 are liable to pay outstanding dues, if any, as the complainant was their employee. He was also advice in letter No.2050 dt. 4.12.2009 to approach Secretary, Nayagarh CARD Bank for refund of CPF amount. However, CPF amount of Rs.1457/- of the complainant lying with OSCARD Bank has already been refunded to him vide letter No.452 dt.5.6.2009. In support of his case the Opp.Party No.1 has filed certain documents which are marked 14 to 18 respectively.
The Opposite Party No.3 in its written version has submitted that the complainant was appointed as document writer by the management of the bank vide Order No.47/73-74 dt.29.10.1973 and subsequently was appointed as the common cadre of OSCARD Bank Ltd., Bhubaneswsar which was controlled by the Administrator, Cadre Committee-cum- Managing Director,OSCARD Bank Ltd. He was promoted to Cadre Supervisor and continued his service at Bhanjanagar CARD Bank Ltd. till 12.1.1982. Thereafter, he was transferred to Nayagarh CARD Bank Ltd. w.e.f. 6.1.1982 . He joined under Opposite Party No.2 on 13.1.82 and continued his service there till 4.5.1992. Then he was again transferred to Bhanjanagar CARD Bank and continued there from 5.5.1992 till his retirement on 30.9.2011. During his service under Nayagarh CARD Bank from 13.1.82 to 4.5.92 the P.F.contributions of the complainant were deducted from his monthly salary and kept with the bank without remitting the same to E.P.F.Organisation. Therefore, his claim, whatsoever, is from Opposite Party No.2 and there is no due to be paid to him by the Opposite Party No.3. It is prayed for dismissal of the liability against him. In support of its case the Opposite Party No.3 has filed certain documents which are placed on record.
4- On the date of hearing we heard the learned counsel for the complainant and the authorized representatives appeared on behalf of Opposite Party No.l and 3 at a length. We have gone through the case in detail and perused the documents relied on by both the parties We have also gone through the written arguments filed by both the parties. It is the claim of the complainant that the Opposite Party No.1 being the appointing authority of the complainant is liable to pay the P.F. dues as claimed by the complainant and the liability can not be shifted to other bank. On the other hand the Opposite Party No.1 and 3 have clearly clarified that there is no due lying against them pertaining to complainant. After going through all the documents filed by the parties concerned we come to the conclusion that Opposite Party No.1 is the cadre controlling authority of cadre employees those who are working under the CARD Banks. The management of Nayagarh CARD Bank, Bhanjanagar CARD Bank and OSCARD Bank are found to be separate and therefore the liabilities are also deemed to be separate. We have gone through the extract of the proceeding of the meeting of the Cadre Committee of OSCARD Bank held on 16.6.1978 filed before wherein it was resolved that the establishment cost and other fringe benefit of the cadre will be borne by Institution where the concerned employees are posted. We have also gone through the Circular No.6455 dt.7.3.2001 made by the Opposite Party No.1 being the Controlling Authorities of the CARD Banks wherein it is circulated for the information of all cadre employees that the claim of their gratuity are to be paid by the concerned CARD Bank. From the above facts we are clear that the Opposite Party No.1 is the controlling authority over all the CARD Banks for smooth management. However, every CARD Bank has its own and separate entity and the liabilities on financial matter are limited to the ;concerned CARD Bank only.
5- It is not disputed that the complainant was appointed by the management of the OSCARD Bank,Bhubaneswar and he was controlled by the Administrator, Cadre Committee-cum-Manaaging Director,OSCARD Bank Ltd.,Bhubaneswar. During his service period he was transferred to different CARD Banks i.e. Nayagarh CARD Bank and Bhanjanagar CARD Bank. It is not disputed that the complainant retired under voluntary retirement scheme of the OSCARD Bank. The complainant after his retirement has received all his dues from the CARD Bank where he had been served. However, the P.F. Contribution while serving under Nayagarh CARD Bank Ltd. for the period from 13.1.82 to 4.5.92 were deducted but were not deposited with the concerned E.P.F. Organisation for which he was deprived of getting his P.F. accumulation for such period. The Opposite Party No.1 and 3 has admitted that there is no due lying for payment with them pertaining to the complainant. Moreover, the complainant has also not made any specific claim from any of the Opposite Parties. However, while going through the case in detail and after perusal of documents filed by the respective parties, we come to the conclusion that the Opposite Party No.2 is liable to pay the P.F. accumulation of the complainant since it has neither deposited the P.F deductions of the complainant with the P.F. organisation nor paid to the complainant after his retirement. The Opposite Party No.2 did neither appear nor file its version to clarify the matter under what circumstances it has defaulted in making payment the legitimate dues of the complainant. Therefore, we are of the considered view that the Opposite Party No.1 is solely liable to redress the grievance of the complainant by making the E.P.F. deductions of the complainant together with interest on the accumulated sum which we assessed to be 9 per cent per annum from the date of retirement till its actual payment.
6- In the result, we allow the case of the complainant ex-parte against Opposite Party No.2 and dismissed on contest against Opposite Party No.1 and 3. The Opposite Party No.2, the Nayagarh CARD Bank Ltd. is directed to release the payment of P.F. contributions of the complainant as accumulated as on the date of retirement i.e.30.9.2011 together with interest at the rate of 9% per annum on the entire accumulated amount from the date of retirement i.e.30.9.2011 till its actual payment. The Opposite Party No.2 is also to pay a sum of Rs.2000/-(Rupees two thousand) towards cost of litigation to the complainant .
The case is disposed of accordingly. Copy of the order be furnished to the parties free of cost.
Dictated and corrected by me on this 10th day of June,2014.
I AGREE( MEMBER) MEMBER
(Dr.N.Tuna Sahu) (Mrs. Minati Pradhan)
