BALLARPUR INDUSTRIES LTD Vs. P K PADHY

JUDGEMENT

(1.) This is a revision against the order dated 28.7.2001 of the District Forum, Koraput at Jeypore, directing issuance of non-bailable warrants of arrest against the present appellant for non-compliance of the order of the District Forum in C. D. Case No.50 of 1992 and thereafter the order of this Commission in C. D. Appeal No.300 of 1994. The specific finding, according to the District Forum, in the impugned order is that the appellant as the employer was bound to furnish information as to the share of provident fund amount contributed by the employer and deposited with the E. P. F. Commissioner. Since this order was not complied, C. D. Execution Proceeding No.4 of 1998 was initiated by the complainant-respondent in which the above impugned order was passed.

(2.) The complainant's case is he was serving originally under Sewa Paper Mills Ltd. which was opposite party No.3 in the original C. D. case. According to him he resigned from service on 31.3.1991 and wanted to withdraw his provident fund deposit. But this he could not do in absence of any information as to how much amount had been credited to his provident fund account. In the District Forum he made a prayer for directing the Provident Fund Commissioner to supply the copy of the accounts statement from the beginning of his service career till end and also for a direction to his employer to pay their part of the contribution of the provident fund.

(3.) The Provident Fund Commissioner who was opposite party No.3 filed counter stating that the Management of opposite party No.3, i. e. Sewa Paper Mills Ltd. did not submit any report in respect of the portion of the provident fund paid by them and, therefore, it was not possible on the part of the Commissioner to supply any statement. Opposite party No.3 remained ex parte in that case. The District Forum held that the complainant was a consumer and passed an order against opposite party No.3 that it was to supply the information to the Court as to the amount deducted towards provident fund contribution and remitted to the E. P. F. Commissioner.