SOUTH EASTERN COAL FIELDS LTD. Vs. VANSH GOPAL

JUDGEMENT

(1.) THIS appeal has been preferred by OP Nos. 2 and 3 in complaint case No. 26/07 before District Consumer Disputes Redressal Forum, Korea -Baikunthpur (hereinafter called "District Forum" for short), who have been directed vide order dated 8.10.2007, passed in that complaint case, to obtain Rs. 3,569 within 60 days from the complainant and to intimate to the respondent No. 2 in this regard, and thereafter to complete necessary formalities regarding sanction of pension to the complainant.

(2.) COMPLAINANT Vansh Gopal was employee of the appellant company who was working in Katkona colliery from 8.1.1959 and retired on 5.4.1999. As per the case of the complainant during his service, amount was deducted from his salary under Coal Mines Pension Scheme but no pension was sanctioned after his retirement. When he enquired about pension then on 10.11.1999 Rs. 3,569 were demanded by appellant No. 2 from him so that benefit of pension scheme can be provided to him. He visited office of appellant No. 2 many times to deposit that amount but the amount was not accepted. He wrote letter to the Assistant Labour Commissioner (Central), who in turn wrote a letter dated 24.7.2003 to respondent No. l to take steps within 10 days, but no step was taken. Then after giving notice through Advocate in the year 2006, the complaint was filed before District Forum.

(3.) IN the written version appellants averred that the complainant was not a consumer of appellants so far as question of award of pension is concerned. It has also been stated in the reply that initially he was not a member of pension scheme 1971 and had not opted for pension scheme also. No consent form was filled by him. By mistake of an employee some amount was deducted under pension scheme from his salary, which would be returned to the complainant with interest by the company.