ASSISTANT PROVIDENT FUND COMMISSIONER THROUGH ASSISTANT PROVIDENT FUND COMMISSIONER REGIONAL OFFICE DELHI(NORTH) BHAVISHYA NIDHI BHAWAN 28, WAZIRPUR INDUSTRIAL AREA, NEW DELHI Vs. SHANMUGHAN S/O PARAMU, THULASI BHAVAN, ERAVIPURAM, KOLLAM KERALA

JUDGEMENT

(1.) The respondent/complainant who was working as a cashew worker on the daily wag basis from 1993 and was contributing to the Employees Provident Fund Scheme since 1986, superannuated on 31.12.2009 attaining the age of 58 years. He was granted a monthly pension of Rs. 117/- w.e.f. 11.5.2009. Being aggrieved, he approached the concerned District Forum by way of a consumer complaint claiming that he was entitled to a monthly pension of Rs. 955.00 along with other benefits.

(2.) The complaint was resisted by the petitioner. It was stated in the reply filed by the petitioner before the District Forum that the complainant joined the EPF Scheme only on 11.5.1997. It was further stated that though he rendered service in the Scheme from 11.5.1997 to 11.5.2009, i.e., for 11 years, 11 months and 29 days, his pensionable service was only 3 years, 5 months and 23 days. The aforesaid pensionable service was worked out by deducting the non-contributory period of 3106 days.

(3.) The District Forum vide its order dated 28.11.2013 directed the petitioner to recalculate the pension of the complainant taking his pensionable service to be 12 years. Compensation quantified at Rs. 1500.00 and cost of litigation quantified at Rs. 1,000.00 was also awarded to him.