NATIONAL FOUNDATION FOR COMMUNAL HARMONY Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS Revision Petition is filed against the judgment and order dated 30.5.2006 passed by the State Consumer Disputes Redressal Commission, Delhi, in First Appeal No.745 of 2005, dismissing the appeal filed by the Petitioner and confirming the order dated 8.7.2005 in CC No. 694 of 2005, passed by the District Forum, New Delhi (Kasturba Gandhi Marg), directing the E.P.F. Commissioner to refund the principal amount deducted from the salary of the Complainant on the ground that the latter was not entitled to be a member of the EPF Scheme. It is the case of the Complainant that after retirement from government service he joined as Private Secretary with the National Foundation for Communal Harmony on yearly contract basis w.e.f. 1.5.1997 and the same was renewed from year to year and finally it was renewed for two years w.e.f. 1.5.2001. It is his contention that he was enrolled as a beneficiary of the EPF Scheme as approved by the Petitioner and he contributed his share and the Petitioner also contributed its own (employer"s) share to the EPF. The said amount was deposited with the EPF Commissioner, Respondent No.2.

(2.) IT is not disputed that the Complainant was appointed as a Private Secretary by the Petitioner on 1.5.1997, enrolled as a member of the EPF Scheme, 1952 by the employer and given a PF account number by the PF Organisation. Petitioner kept on deducting the employee"s contribution from the salary of the Complainant and deposited the same with the EPF Commissioner along with the employer"s contribution. In the year 2001-2002, Complainant"s son got acute medical problem and was diagnosed with cancer. For his treatment, the Complainant applied for leave which was declined by the Petitioner and the service of the Complainant was terminated. At this stage, the Petitioner deducted a total sum of Rs.14,200.00 from the salary of the Complainant, purportedly the employer"s contribution, contending that the salary of the Complainant was more than Rs.5,000.00 and hence he was ineligible for membership of the EPF Scheme.

(3.) IN complaint No. OC/1389/2002 filed against the EPF Commissioner, the District Forum by its order dated 3.3.2005 directed the former to settle the PF Account of the Complainant and release the claim amount lying with the PF Commissioner till March, 2001 along with all accrued interest thereon within 30 days, along with further interest at the rate of 9% p.a. from 1.4.2001 till realization, together with costs of Rs.1,000.00. In the complaint No.OC/553/2003 filed against the National Foundation for Communal Harmony, the District Forum by its order dated 3.3.2005 directed it to refund the said amount of Rs.14,200.00 recovered from the salary of the Complainant along with interest 9% p.a. from 1.9.2000 till realization together with costs of Rs.3,000.00 within a period of 30 days.