M G SHARMA Vs. INCHARGE EPFO

JUDGEMENT

(1.) Aggrieved by the order of the State Commission in Appeal No. 401 of 2004 the complainant has filed this revision petition before us. Case in Brief:

(2.) The complainant-M G Sharma, sought voluntary retirement from its erstwhile employer M/s. Geoffrey Manners and Co. Ltd. which subsequently merged with M/s. Wyeth Ltd. He served his employer in Chandigarh office from January, 1976 to June, 1993 and their Delhi office from July, 1993 till the date of his voluntary retirement. He was entitled to benefits under Employees Provident Funds and Miscellaneous Provisions Act. The complainant inter alia stated that his employer had not furnished the details of his employment which resulted in reduction of his pension. O.P. 1 - EPFO had not taken action against O.P. No. 2 for their default etc. Accordingly, he claimed the following reliefs:

(3.) EPFO contended that the District Forum does not have territorial jurisdiction as the cause of action accrued at Chandigarh. Complainant has suppressed the material facts that M/s. Geoffrey Manners and Co. Ltd., was an exempted establishment and they have been maintaining the details of PF Accounts and his PF records were maintained by the RPFC Office at Mumbai and after that his records were maintained at Delhi. Complainant was required to apply for transfer of his past service benefits from the RPFC Mumbai to Delhi in the prescribed form No. 13, but he did not do so till 9.7.2003. He applied for the same only on 10.7.2003. The RPFC Mumbai transferred the past service on 10.10.203 and on 16.10.2003 his monthly pension order was issued to him payable at Chandigarh. Hence, there was no deficiency on their part. O.P. No. 2 also challenged the territorial jurisdiction of the District Forum. They have further stated that the complainant took voluntary retirement and was relieved from service on 20.11.2001 and all his statutory benefits including the provident fund and gratuity were paid to him which he accepted without any protest and demur. Opposite party pleaded that paragraph 57 of the EPF Scheme, 1952 requires the employee concerned to apply to the Commissioner concerned for transfer of balance of his provident fund existing in his account to another account in the other region by submitting form No. 13 duly signed by him towards submission through his employer. Application for this purpose dated 30.6.2003 was forwarded to RPFC Delhi on 10.7.2003 and there has been no delay on their part.