CHARU CHANDRA DASMOHAPATRA Vs. CENTRAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) -IN this appeal, a short question : "whether the appellant is entitled for Family Pension after seeking voluntary retirement on 31. 8. 1990 and joining service again on 1. 4. 1992?" needs our consideration, in the light of the relevant facts.

(2.) THE relevant facts of the case are that the appellant - complainant joined service in Steel Authority of India Ltd. as an employee and he was continuously contributing to Provident Fund from 1971 to 1990. In the year 1990, he met with an accident and became physically disabled and he took voluntary retirement from his services on 31. 8. 1990. On 1. 4. 1992, he joined another service in M/s. Magnesites and Minerals Ltd. as Senior Manager and continued service in the said company till 10th March, 1996. He also contributed towards Employees Provident Fund and Employees Family Pension Scheme after joining the later company. After retirement he was paid only a sum of Rs. 12,048 as his provident fund but no Family Pension was disbursed. Since Family Pension was not paid, he claimed that there was deficiency on the part of the respondent.

(3.) THERE is undisputed fact that for nine months, the complainant was neither in service nor he contributed to the Employees Provident Fund due to disability.