REGIONAL P F COMMISSIONER-II EPF ORGANISATION, SUB REGIONAL OFFICE (VATWA) Vs. PURANMAL GHASIRAM BHAVSAR

JUDGEMENT

(1.) Delay condoned.

(2.) Challenge in this Revision Petition, by the Regional Provident Fund Commissioner, is to the order dated 17-01-2014 passed by the Gujarat State Consumer Disputes Redressal Commission at Ahmedabad (for short the State Commission ) in Dispute No.1221 of 2010.

(3.) By the impugned order, the State Commission has overturned the order dated 30-11-2009, passed by Additional Consumer Disputes Redressal Forum, Ahmedabad City (for short the District Forum) in CC No.483 of 2009. By the said order, while accepting the objection raised on behalf of the Petitioner herein about the maintainability of the complaint, disputing the fixation of the pension, which the Complainant was entitled to, the District Forum had directed the Complainant to approach the Competent Officer for redressal of his grievance. On the contrary, the State Commission has come to the conclusion that having regard to the provisions of the Employees Provident Fund 1971 and 1995 Schemes, any dispute relating to the fixation of the Pension, under the said Schemes, would fall within the jurisdiction of the Consumer Fora constituted under the Consumer Protection Act, 1986 (for short the Act). Resultantly, accepting the Complaint, the State Commission has directed the Petitioner herein to pay to the Complainant differential amount of arrears with effect from 01-07-2007, with interest at the rate of 12% per annum as also the penal interest under Para 17(a) of the said Scheme, at the prevailing rate.