REGIONAL PROVIDENT FUND COMMISSIONER Vs. THANKAPPAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Regional Provident Fund Commissioner, against the order dated 22.2.2010 of the Kerala, State Consumer Disputes Redressal Commission, (in short 'the State Commission') passed in Appeal No. 474/09.

(2.) Brief facts of the case are that the complainant is a cashew worker and retired from service on attaining 58 years of age on 1.1.2002. He was working under the second opposite party, a public sector undertaking at the time of retirement. According to the complainant he was a member of the Employee Provident Fund Scheme from 1.10.1974. The complainant was allowed pension of only Rs. 325 by the petitioner. The complainant sought for full pension and a consumer complaint was filed before the Consumer Disputes Redressal Forum Kollam, (in short 'the District Forum'). The first opposite party/Asst. Provident Fund Commissioner filed version contending that on scrutinizing it was found that there was noncontributory period of 17 years 7 months and 15 days in his service. The above period can be regularized only by remitting the contribution with interest vide para 9(b) of EPS 1995. It was contended that the complainant's past service is only 7 years and pensionable service is 5 years. The monthly pension eligible is Rs. 325 after deduction of Rs. 108 towards commutation surrender.

(3.) The District Forum after considering the submissions of both the parties dismissed the complaint vide its order dated 29.6.2009.