Adv.for the complainant-. Self
Adv.for the O.P s -. Self
Date of filing of the case:- 26.07.2016
Date of order :- 10 .07.2017
ORDER.
Sri A.K.Purohit, President
- The case of the complainant is that, the complainant is an employee of the Odisha
Forest Development Corporation Ltd. since 05.11.1981. During his service period he became a member of the employees Provident Fund Organisation and is contributing to the Fund regularly by deducting the prescribed amount from his monthly salary. During his service period he was working in different station and accordingly his contribution has been deposited in different EPF account as per the controlling unit. The complainant was also allowed to contribute another 12% of the gross salary which was also deducted from his salary and is deposited in his account. The Complainant alleges that, while he was working under the Bhubaneswar Plantation Division he had applied for merger of his different accounts to a single account, which was not responded by the Ops and after receiving information under the RTI Act the complainant came to know that, while he was working in the Muniguda Division only part of his contribution has been deposited in his EPF Account. The Complainant further alleges that his claim has been settled at Rs.7,23,284/- which is erroneous. Due to the wrong calculation and non deposit of the contributed amount which was deducted from the salary of the complainant by the Ops the complainant sustain financial loss and harassment. Hence the Complainant.
2 Although OP No.4&5 appeared, their version does not disclose any specific case. OP No.1 to 3 have filed their written version jointly. According to them the pension contribution has been restricted to Rs.541.00 and for his contribution on higher wages, the complainant has to furnish an under taking as required under Para 26(6) of the EPF Scheme, which has not complied with by the complainant . Hence there is no deficiency on their part.
3. Heard both the parties . Perused the material available on record. It is evident from the material available on record that, the complainant is an employees of Odisha Forest Development Corporation Ltd. and is a member of the Employees provident Fund Origination since 02.01.1982 having EPF Account No.OR/526/763, OR/973/93, OR/627/475, OR/1460/332, OR/617/975, OR/1095/404, OR/944/480 and is also allowed to contribute another 12% of his gross salary w.e.f March 1999. It is also not disputed that, the contribution amount has not been deducted from his monthly salary. During course of argument the authorized person of the Ops admitted that, the contributed amount of the complainant for four years has not been credited to his account for which a claim in the prescribed form is required from the complainant . It is seen from the complaint petition which is supported by an affidavit that, a sum of Rs.17,64,337/- has not been credited to the EPF account of the complainant. To this no rebuttal evidence has been produce by the Ops nor the Ops have produce the original account statement maintained by the EPF Commissioner during regular course of its business. Therefore it is believed that , although the EPF contribution has been deducted from the salary of the Complainant the same has not been credited to his account.
4. It is also evident from the calculation sheets prepared by the complainant that RPFC, Berhampur has not been credited Rs.85,839.00P for the year 2003-2004 to 2008-2009 which carry an interest amounting to Rs.12,105.00P upto 2015-2016 financial year. Further RPFC, Bhubaneswar has not been credited Rs.14,95,177.00p with accrued interest upto the end of the financial year 2015-16. This evidence has not been denied by the OPs by producing believable evidence. Hence it is believed that a total amount of Rs.17,64,337.00P has not been credited to the EPF account of the Complainant although he has paid the amount by deducting from his monthly salary.
5. EPF Scheme is an old age income security programs for the benefit of the employee and non crediting the contributory amount of the employee by the EPF Commissioner amounts to deficiency in service. Further it is seen from the material available on record that, the complainant has moved to the authority several times for correction of his deposited amount , but the authority has not taken any step for correction as per the scheme, for which the complainant sustain financial loss and has been sufficiently harassed by the Ops. Hence the complainant is entitled to compensation. Hence Order:-
ORDER
The OPNo.1 to 3 are directed to deposit Rs.17,64,337.00p (Rupees Seventeen Lakh sixty four thousand three hundred thirty-seven)only in the EPF account of the Complainant within thirty days from the date of receipt of this order. Further the OP. No. 1 to 3 are directed to pay Rs.50,000/- (Fifty Thousand) towards compensation and Rs.1,000/- (one Thousand) towards cost to the complainant within the aforesaid period, failing which the entire amount shall carry an interest @ 8% P.A till payment.
Accordingly the case of the Complainant is allowed.
ORDER PRONOUNCED IN OPEN FORUM THIS The 10TH DAY OF JULY ’2017.
Sd/- Sd/- Sd/-
(S.Rath) (G.K.Rath) (A.K.Purohit)
MEMBER. MEMBER. PRESIDENT
