LAWS(NCD)-2020-12-38

REGIONAL PROVIDENT FUND COMMISSIONER Vs. TRIPATI DEVI

Decided On December 02, 2020
REGIONAL PROVIDENT FUND COMMISSIONER Appellant
V/S
Tripati Devi Respondents

JUDGEMENT

(1.) The present revision petition has been filed against the order of the State Commission dated 19.03.2015 in First Appeal No.620 of 2013 of the petitioner whereby his appeal against the order of the District Forum dated 12.11.2012 in complaint case No.230 of 2012 of respondent no. 1 to 3/complainants, was dismissed.

(2.) The brief facts of the case are that Late Sh. Chhaju Ram was an employee of respondent No. 5. On his demise, his legal representatives were entitled for the benefit of pension. He expired on 27.10.2003. Although, the legal representatives had become entitled for the pension, the pension was not disbursed to them till the year 2012. In the year 2012, the complainants sent a legal notice to the petitioner and asked for the submission of the life certificate. According to the petitioners, the said certificate was submitted in April, 2012. Thereafter, in May 2012, the pension was disbursed to them. Aggrieved by such delay in payment of the disbursement of the pension, the complaint was filed by the pensioner. The complaint was allowed and following directions were issued:

(3.) The said complaint was against the petitioner and respondent no.4 and 5. Respondent no.4 is the Bank with whom the pensioners were having an account wherein the pension was required to be credited. The defense of the Bank had been that since no disbursement of the pension was made by the petitioners, the same could not be credited to the pensioners account. The stand of the petitioner was that since requisite document i.e. life certificate was not furnished by the pensioners, the pension could not be disbursed in their favor.