REGIONAL PROVIDENT FUND COMMISSIONER Vs. MOLY K. THOMAS

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 18.06.2011 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, 'the State Commission') in Appeal No.505/2009 2011 Regional P.F. Commissioner Vs. Moly K. Thomas & anr. by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) Brief facts of the case are that the complainants/respondents are legal heirs of late K.M. Thressiamma who was employee of Central State Farm Aralam. Deceased mother of the complainants' was a subscriber of E.P.F. scheme. Mother of the complainant died on 9.2.2003 and father of complainants predeceased the mother. Complainant applied for pension which was denied by OP/petitioner on the ground that they have attained age of 25 years on the death of their mother. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that as per provisions of Para 16 (3)(c) of Employees Pension Scheme, 1995, pension is payable to children till the age of 25 years and after that children are disentitled for pension and complainants are neither eligible for children pension nor for orphan pension as they have already attained age of 25 years and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to sanction orphan pension from 9.2.2003 and pay arrears along with Rs.2,000/- as compensation and Rs.1,000/- as cost of litigation. Appeal filed by OP was dismissed by learned State commission vide impugned order against which this revision petition has been filed.

(3.) None appeared for respondents even after service of notice and they were proceeded ex-parte.