PERMANENT MAGNETS LTD Vs. JAYASHREE DATTARAM PAYYAR

JUDGEMENT

(1.) This revision petition under sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') assails order dtd. 25/4/2012 of the Maharashtra State Consumer Dispute Redressal Commission, Mumbai (in short, 'State Commission') dismissing Appeal No. 2204 of 2011.

(2.) The State Commission has dismissed the appeal of the petitioner against the order dtd. 16/1/2010 of the District Consumer Disputes Redressal Forum, Mumbai Suburban District, Mumbai (in short, 'District Forum') in consumer complaint no. 271 of 2004 filed by the respondent claiming provident fund benefit in a compensation awarded by the High Court of Mumbai.

(3.) In brief, the facts of the case are that Dattaram Payyar, the husband of the respondent no 1, was dismissed from service by the petitioner on 9/3/1992 on grounds of misconduct. The dismissal was challenged before the Industrial/Labour Court in April 1992. During the pendency of the case Dattaram Payyar died on 18/8/1995. The case was decided on 14/5/1998 upholding the dismissal. However, Rs.25,000.00 was awarded on humanitarian grounds at the consent of the petitioner. Before the District Forum, respondent no. 1 claimed deficiency in service against the Provident Fund Commissioner on the ground that the provident fund on the compensation had not been paid with interest. This claim was disallowed by the District Forum. The order was appealed against in the State Commission. The State Commission dis-allowed the appeal and upheld the order of the District Forum. This order has been impugned before us in this review petition.