STATE OF JHARKHAND THROUGH DISTRICT PROVIDENT FUND OFFICER, PALAMAU Vs. DISTRICT CONSUMER FORUM, PALAMAU AND MUKHRAJ DUBEY

JUDGEMENT

(1.) The facts, in short Respondent No. 2 Mukhraj Dubey, (herein after referred to as the employee), retired as Constable from Excise Department of the State Government. He filed a case before the District Consumer Forum, Palamau at Daltonganj against the District Provident Fund Officer, Palamau, which was registered as Case No. 112 of 2000. His contention was that on verification, he found that the opening balance of Rs. 1462/in the year 197576, was not considered for preparing the statement, which has caused loss to him of Rs. 16,000/. Therefore, he prayed for necessary correction and payment of the said amount. By order dated 27/08/2002, the Forum allowed the said prayer of the employee.

(2.) The question of jurisdiction of Consumer Forum was not raised before the Forum. However, by filing this writ petition, such question has been raised on behalf of the State of Jharkhand (herein after referred to as the employer). This writ petition was admitted on 06/11/2003 by a Division Bench and the operation of the said order of Consumer Forum was stayed till further orders.

(3.) The instant writ petition was taken up for hearing by the Division Bench. The employer relying on the provisions of law and on the judgment State of Orissa vs. Divisional Manager LIC and Another, 1996 AIR(SC) 2519 contended that the consumer forum had no jurisdiction to entertain and decide the dispute in question.