PROVIDENT FUND COMMISSIONER Vs. SHIVANNA SANGAPPA BAMMA

JUDGEMENT

(1.) THIS is an appeal filed by org. O.P. No. l/Provident Fund Commissioner against the judgment and award passed by District Consumer Forum, Solapur in consumer complaint No. 395/2004. By allowing complaint filed by Shivanna S. Bamma, Forum below directed O.P. No. l/appellant herein to give to the complainant family pension amount and also to pay interest thereon @ 9% p.a. and Rs. 500 towards costs. As such O.P. No. l has filed this appeal.

(2.) THE facts to the extent material may be stated as under: Respondent No. l/Shivanna S. Bamma has filed complaint alleging deficiency in service on the part of O.P. Nos. l and 2. It is the complaint of the complainant that he was working as labour with M/s. Niwas Spinning Mill from 1986 to 1999 and on 19.7.1999 he resigned from his job and thereafter, he asked for pensionary dues from O.P. Nos. l and O.P. No. l gave provident fund amount to him but O.P. No. l refused to give family pension alleging that complainant had not completed 10 years mandatory service to be eligible for getting family pension under the Employees Pension Scheme, 1995. Complainant s assertion was that he put in 14 years service with O.P. No. 2 and therefore, he was eligible for pension and therefore, he alleged deficiency in service on the part of O.P. Nos. l and 2 and filed consumer complaint for getting family pension from 19.7.1999 with interest @ 24% p.a. and also prayed for compensation of Rs. 10,000 for mental harassment.

(3.) O .P. No. l filed written statement and pleaded that complainant was not entitled to get family pension as he had not put in 10 years continuous service as per requirement of Employees Pension Scheme, 1995. Complainant became member of Provident Fund on 1.10.1989 and on 19.7.1999 he resigned from the said job. He had not been in continuous service and had not made contribution of provident fund for 1 year 7 months and 22 days and, therefore, on calculation, it was found that he was not entitled to get benefits of Employees Pension Scheme, 1995 because for getting benefits, a member must have put in 10 years service and should have made contribution of 10 years. His service is lacking by 1 year 7 months and 22 days and, therefore, he is not entitled to get any family pension. He was given provident fund withdrawal benefits of Rs. 4,975 and was also given provident fund amount of Rs. 22,225. O.P. No. l therefore pleaded that complaint should be dismissed with costs.