EMPLOYEES PROVIDENT FUND ORGANIZATION REP. BY ITS REGIONAL PROVIDENT FUND COMMISSIONER Vs. VISAKHA CONSUMERS EDUCATION & SERVICE SOCIETY

JUDGEMENT

(1.) This appeal is directed against the order dated 30th day of January, 2008 passed by the District Forum-II, Visakhapatnam whereby the complaint filed by the respondent was allowed directing payment of pension from the very next date succeeding their respective dates of retirement till 17-09-2004, a sum of Rs.500/- towards compensation to each of the complainants and Rs.3,000/- towards the costs.

(2.) Briefly stated the material facts giving rise to the appeal are: The respondent is Visaka Consumers Education & Service Society certain retired employees of the 5th opposite party who by virtue of stature became the members of the 1st opposite party opted for voluntary retirement from their employer, the opposite party no.5 who remitted their provident fund along with matching contribution to the opposite party no.1 and in turn the opposite party no1.assigned them Provident Fund Account Numbers. Most of such employees left their service on 31st April, 2004 and some of them were not furnished the application forms on account their non-availability with the opposite party no.1. Later duly filled pension claim papers were sent by the 1st opposite party to the 5th opposite party and the delay in settlement was brought to the notice of the opposite party no.4 who informed the applicants that the pension would be paid as per the instructions of the opposite parties no.2 and 3 from the date of receipt of the claim but not from the date of retirement. The applicants brought to the notice of the opposite party no.4 that some of the employees received the amount from the date of their retirement and in their case the 1st opposite party was the cause for delay in furnishing the application forms to them. The opposite party no.5 addressed letter dated 13th November,2004 to the opposite party no.1 recommending for payment of pension with effect from 1st May,2004. The opposite party no.1 would not issue application forms to the employees during the period of their service and it is not possible for a retired employee to get processed his application form through his employer to be sent to the opposite party no.1 without observing any formalities. Thus, pension was sought to be paid from the date of retirement of the applicants from the service of the opposite party no.5.

(3.) The opposite party no.1 contested the claim contending that the pension was sanctioned strictly in accordance with the provisions of the Employees Pension scheme,1995. The pension payment process is computerized and as such they are generated by the computer. In case an applicant intends to draw pension earlier to his attaining 58 years, he would be entitled to the amount of pension reduced @3% for every year the age falls short of 58 years. If an applicant seeks for reduced pension before attaining 58 years he may exercise option for reduced pension either from the date of submission of claim application or from a prospective date. The applicant cannot be sanctioned pension from the date of his attaining 58 years .