EMPLOYEES PROVIDENT FUND ORGANISATION Vs. NARENDRA B. DESHMUKH

JUDGEMENT

(1.) Being aggrieved by order dated 5.6.2007, passed by State Consumer Disputes Redressal Commission, Mumbai (for short, 'State Commission') petitioner has filed present revision petition. Brief facts are that respondent No. 1/complainant was in service of respondent No. 2 from 9.2.1973 to 21.4.1987. He resigned from the service on 21.4.1987. Respondent No. 2 had assigned P.P.F. A/c No. 539/04591 and Family Pension A/c No. MH-3795-00985 to respondent No. 1 who had worked for a period of 14 years and 2 months. Respondent No. 2 deducted the amount of family pension from his salary. According to respondent No. 1, he is a member of Employees' Family Pension Scheme of 1971 (for short, Scheme). After resignation, respondent No. 1 approached petitioner/opposite party No. 1 for family pension but it refused to give him family pension form. Hence, respondent No. 1 filed consumer complaint before Additional District Consumer Disputes Redressal Forum, Pune (for short, 'District Forum').

(2.) Petitioner in its written statement has stated that Employees Pension Scheme was introduced in the year 1995 which was made applicable from 16.11.1995. Under paragraph 6(c) of this Scheme, option was given to the employee who ceased to a member of the Scheme of 1971, between 1.4.1993 and 15.11.1995 to become a member of this Scheme. This means that employee who ceased to be member of the Employees' Family Pension Scheme 1971, between 1.4.1993 and 15.11.1995 can become a member of the new scheme. The scheme is not applicable to the employee who ceased to be an employee prior to April, 1993. New pension scheme is applicable from 16.11.1995 and option were given to the employees, who ceased to be in employment between 1.4.1993 to 15.11.1995. Respondent No. 1 has resigned/ceased to be in employment w.e.f. 21.4.1987 and as per para 6 of the said scheme, respondent No. 1 is not eligible to exercise the option to become member of the said scheme.

(3.) District Forum, vide order dated 31.1.2007, partially allowed the complaint and directed that petitioner should give Form 10-D to the respondent No. 1 and take further action for family pension. A sum of Rs. 1,000 was awarded as cost.