NATIONAL INSURANCE CO LTD Vs. SARDAR GURMIT SINGH

JUDGEMENT

(1.) This is a suo motu revision against the final order of the District Forum, Kendrapada dated 4.10.2000. The complainant moved the District Forum for the inaction on the part of the Provident Fund Commission in not releasing the P. F. Amount claimed by him amounting to Rs.40,000/-. The District Forum after hearing directed the Liquidator-O. P. No.4 that he shall put his counter signature on the forms and relevant documents for settlement of the C. P. F. account of the complainant and then send the same to the P. F. Commissioner. Since this order was not complied with by the Liquidator the complainant moved the Misc. Case under Sec.27 for order against the Liquidator. In the said Misc. Case 3/01 the District Forum held that there was intentional non-compliance of the order of the Forum by the Liquidator and imposed fine of Rs.2,000/- on the Liquidator. This was disposed of on 27.7.2001. The Liquidator filed an appeal against the said order vide C. D. Appeal No.583/01. This Commission on going through the relevant materials held that the Liquidator was not liable under Sec.27 for the reason indicated in the judgment dated 18.7.2003. However, considering the fact that the District Forum in the original case did not quantify the amount the complainant was entitled under the E. P. F. , we registered a suo-motu revision and this is how the matter stand at this stage, to judge the correctness or otherwise of the judgment of the District Forum passed in the original case.

(2.) The complainant moved the Forum with a case that while he was an employee under the Baldevjew Weavers Co-operative Society Ltd. Kendrapada he was a subscriber to the C. P. F. bearing account No. OR-887/120 from 1.1.1974 till 1989. After 1989 a new account was opened bearing No. OR/887/488 after the SPINFED-O. P. No.5 (in Misc. Case No.3/01) took over the charge of the management. The said unit was closed on 5.9.1998. The complainant applied for final withdrawal of the amount on 24.9.1999. But the Liquidator did not put his counter signature on his P. F. paper and returned the same. None else took interest in the matter. Finally on 9.12.1989 the complainant applied to the Commissioner after getting his signature attested by District Labour Officer, Kendrapada. He claimed Rs.40,000/- towards the P. F. amount besides interest.

(3.) The Commissioner and their functionaries filed a joint written version in which admitted that the complainant joined the fund on 1.1.1974 with account No. OR/887/120 and ceased his Membership on 1.2.1989. It is their case that by cheque dated 11.7.1989 they settled the claim for Rs.6,840/- and Rs.890/- towards family pension vide cheque dated 11.7.1989. The complainant received the cheques on 21.7.1989. The second P. F. Membership began during 1991 with the P. F. account No. OR/887/488. But the establishment was a chronic defaulter in not remitting the amount. However, a part of the payment was made to the complainant i. e. , Rs.2,721.00 under cheque No.82686 dated 12.4.1999. It is further their case that the complainant again moved in the month of December, 1999 for final settlement of the claim which was without signature of the employer i. e. , the Liquidator for which the claim was returned to the complainant. It was their case that the claim could only be settled if the Liquidator could attest and forward the claim application of the complainant and deposits all arrear dues.