REGIONAL PROVIDENT FUND COMMISSIONER; CENTRAL PROVIDENT FUND COMMISSIONER Vs. SUBHADRABEN JAYANTILAL MEHTA

JUDGEMENT

(1.) In this Revision Petition, there is challenge to order dated 07.10.2008, passed by the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad(for short,'Consumer Commission') in Appeal No.983 of 2008.

(2.) Brief facts are that Respondent No.1/Complainant, aged 78 years old is widow of deceased subscriber late Shri Jayantilal Somalal Mehta, who was member of Provident Fund bearing A/c.No.GJJ/5747-A/338, for the period from 1998 to July, 2006. At the time of his death, deceased was having amount of Rs.1,02,285/- as existing credit upto October, 2006 in his account. Petitioners/Opposite Parties No.1 and 2 are managing PF accounts and providing all benefits under Employees Deposit Link Insurance Scheme,1976(for short,'E.D.L.I, 1976 Scheme')Employees' Pension Scheme, 1995 and Employees Provident Fund Scheme,1952. Respondent No.2/Opposite Party No.3 was the employer of the deceased, where deceased was performing his duty as Administrative Officer from 1998 to 2006 July, till death. After death of the deceased, respondent no.1 filled Form No-5(IF) E.D.L.I,1976 Scheme and submitted the same to the petitioners, claiming benefits of death claim in 2006.

(3.) It is further stated that respondent no.2 did not deposit PF and other allied dues of the deceased from 1998 to 2006, thus violating the provisions of EPF & MPF Act,1952. Moreover, petitioners have failed to take any action against respondent no.2 for default, for the period from 1998 to 2006.