LAWS(NCD)-2013-10-31

ANSAL PROPERTIES & INFRASTRUCTURE LTD Vs. SANJAY GUPTA

Decided On October 01, 2013
ANSAL PROPERTIES AND INFRASTRUCTURE LTD Appellant
V/S
SANJAY GUPTA Respondents

JUDGEMENT

(1.) This case pertains to the Provident Fund. Although, the foras below have returned the findings against the petitioners/opposite parties-Ansal Properties and Infrastructure Ltd., and Ansal Properties & Infrastructures Ltd., through its President-Opposite Parties No. 2 and 3, respectively, the petitioners have filed this revision petition. The complaint against Assistant Provident Commissioner and Additional Central P.F. Commissioner, Opposite Party Nos. 1 and 4 was dismissed.

(2.) The facts germane to this case are these. Sh. Sanjay Gupta, the complainant, joined as Assistant General Manager with both the petitioners, on 02.01.2007, at Chandigarh. He was promoted as Additional General Manager, in the month of April, 2009. This is an admitted fact that OP Nos.2 and 3 used to deduct some amount from his salary towards Employees Provident Fund Account. The complainant was also allotted Provident Fund A/c No. DL 3364/4488, at the time of his appointment. The complainant used to contribute Rs.10,890/-, per month, along with the employer, the total being Rs. 21,780/- per month. On 04.02.2012, the complainant resigned from the services of Opposite Party Nos. 2 & 3/petitioners herein, which was duly accepted by the employers. It is alleged that the opposite party Nos. 2 and 3, did not clear the arrears of pension. The complainant had completed all the formalities. Since the needful was not done, therefore, complainant filed the complaint before the District Forum for release of his pension and

(3.) The District Forum, vide its order, dated 15.05.2013, partly allowed the complaint. It transpired that the complainant had already received his provident fund amount and was only claiming relief for compensation and litigation expenses. The OP Nos. 2 and 3 were directed to pay a sum of Rs. 10,000/-, as compensation for mental agony and harassment caused to the complainant and to pay Rs. 10,000/- as costs of litigation. The complaint against OP Nos. 1 and 4 was dismissed.