RAGHUNATH Vs. REGIONAL PROVIDENT FUND COMMR

JUDGEMENT

(1.) Heard the learned counsel for the parties. Perused the record. The grievance of the petitioner is that he has been wrongfully deprived of his benefits as per annexure passed on May 4, 1998 by the Regional Provident Fund Commissioner, M.P., Bhopal. The application filed by the petitioner for release of the pensionary benefits was disallowed on the ground that total period of the service was less than 10 years. Thus, he was not entitled to the payment of pension.

(2.) The petitioner was employed as a labourer in Gwalior Potteries (hereinafter referred to as employer) with effect from January 31, 1959. He continued in service till December 1, 1976. The petitioner alleges that services of the petitioner were illegally terminated by the employer. He filed a petition before the Labour Court which declared the termination as illegal and void as per order passed on November 9, 1989 (annexure P/1). The Labour Court directed reinstatement along with 30% back wages. An appeal was preferred by the petitioner as well as by the employer before the Industrial Court. Compromise was entered into between the parties. Application dated November 26, 1994, annexure P/2 was filed by the petitioner before the Industrial Court in Appeal No. 2214/M.P.I.R/89 in which it was mentioned that both the parties have compromised the matter. Instead of back wages he accepted Rs. 10,000 for the same and both the parties have decided to withdraw their appeals. An order dated November 26, 1994 (annexure P/3) was passed by the Industrial Court accepting the compromise and in lieu of back wages, a sum of Rs. 10,000 was ordered to be acceptable as per the compromise between the parties. Both the appeals were dismissed by a common order.

(3.) Thereafter, petitioner was reinstated and ultimately he was superannuated on attaining the age of 58 years on January 31, 1998 (annexure P/6) which was passed on December 18, 1997.