PRANAYA KUMAR PADHI Vs. BALLARPUR INDUSTRIES LTD

JUDGEMENT

(1.) -This is a case wherein an employee could not get back the Provident Fund amount due to him from a company which is an exempted establishment under the Employees Provident Fund and Misc. Provisions Act having its own Board of Trustees to administer provident fund of the employees. Case of the revision petitioner:

(2.) Case of the complainant is that he was serving under M/s. Sewa Papers Ltd., Jeypore which was subsequently amalgamated into M/s. Ballarpur Industries Ltd., Jeypore. During his service, he became a member of employees provident fund and also a member under the scheme of employees' Family Pension Fund by getting an Account No. DL/5658/107. In July 1984, the above account number had been transferred from Delhi Region to Orissa Region under Account No. OR/2910/225 and the complainant continued the contribution to the account of his share. He also received the account slips upto February, 1985 only and thereafter he had not received any intimation or account slips. He resigned from service on 31.3.1991 and he intended to withdraw the P.F. amounts. As his dues were not settled he approached the District Forum by filing Complaint Case No. 50/92.

(3.) In the District Forum the opposite party No. 1 Regional Provident Fund Commissioner stated that opposite party No. 3 i.e., Sewa Papers Ltd., have not submitted the report in respect of the claim and the District Forum has no jurisdiction to entertain the complaint. After hearing the parties the District Forum directed the Sewa Papers Ltd., to submit information about the amounts deposited from the salary of the employee along with shares contributed by the employer to the Regional Provident Fund Commissioner who shall prepare annual statement of accounts yearwise of the complainant. It also awarded Rs. 500 towards the cost of litigation. O.P. No. 3 was also directed to pay interest @ 18% per annum on the gross amount from the date of the order till its compliance.