REGIONAL PROVIDENT FUND COMMISSIONER Vs. SATISH KUMAR SHARMA

JUDGEMENT

(1.) THIS is an appeal against order of District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (for short hereinafter to be referred as District Forum) dated 17.12.2008 passed in Complaint Case No. 507 of 2008 : Sh. Satish Kumar Sharma v. M/s. MOI Engineering Limited and Another.

(2.) BRIEFLY stated the case of the complainant was that he had retired from M/s. MOI Engineering Limited (OP No. 1) and was getting pension regularly and was having his PF Account No. PN/2572/392 with OP No. 2. It is averred in the complaint that the issue of retired employees was taken by BIFR under the provisions of Rehabilitation Scheme and it was directed by BIFR that ex -employees of OP No. 1 be paid an amount of Rs. 6,000, which was accepted by OP No. 1 vide letter dated 18.1.2007. OP No. 1 thereafter deposited a sum of Rs. 10 lacs vide drafts dated 18.1.2007 as part payment of second instalment of arrears of PF as per provisions of Rehabilitation Scheme to OP No. 2. The list of ex -employees has been attached as Annexure C -2 to the complaint. On contacting OP No. 2, the complainant was told that no such amount had been deposited in the PF Account. The complainant, thereafter, made all efforts to get the amount released and since, he was not successful, he had filed this complaint.

(3.) THE response of OP No. 1 was that the complainant had retired from service on 15.1.2006 and was getting pension from OP No. 2. It has been denied that rehabilitation scheme (Annexure R -1) contained any directions for payment of Rs. 60,000 to the employees. It has been stated that rehabilitation scheme took care of PF arrears of all employees and a provision was made by BIFR whereby the PF arrears of Rs. 78.13 lacs were to be paid in yearly instalments of Rs. 15.79 lacs in five years time and OP had already paid three installments of Rs. 15.75 lacs each till date. It has further been submitted that a sum of Rs. 10 lacs along with the arrears of ex -employees was deposited with OP No. 2 on 18.1.2007 with a request to clear the PF dues of ex -employees but OP No. 2 had not paid the ex -employees.