LAWS(KERCDRC)-2005-10-1

EMPLOYEES PROVIDENT FUND ORGANISATION, PATTOM Vs. FATHUMMA KUNJU

Decided On October 15, 2005
Employees Provident Fund Organisation, Pattom Appellant
V/S
Fathumma Kunju Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the Consumer Disputes Redressal Forum, Kollam in O.P. 27/04 whereby and whereunder the Lower Forum directed the appellant/opposite party to release all pensionary benefits "under the EPS 1995 with the interest from the eligible date 1.1.1998, as per provisions to the complainant." It also directed the opposite party to pay by way of compensation Rs. 1,000 and also awarded cost of Rs. 500.s

(2.) THE complainant approached the Lower Forum with a grievance that the complainant who was entitled to pensionary benefits under the Employees Pension Scheme, 1995 (for short 1995 scheme) was not sanctioned pension by the appellant on the ground that she had competed the age of 60 years as early as on 1.2.1990.

(3.) IT is undisputed fact that the complainant was a member of Employees Provident Fund Scheme, 1952 (for short 1952 scheme) and was also a member of Employees Family Pension Scheme, 1971 (for short 1971 scheme). Complainant s case is that she was born in the year 1937 and was superannuated on attaining the age of 60 years by her erstwhile employer on 31.12.1997. She was employed from 30.7.1972.