ASSTT. PROVIDENT FUND COMMISSIONER Vs. PUSHPAVALLY & ANR.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, Assistant Provident Fund Commissioner against the order dated 7.8.2015 passed by the State Consumer Disputes Redressal Commission, Kerala (in short 'the State Commission') in FA. No. 336 of 2014.

(2.) The brief facts are that respondent No. 1/complainant had filed consumer complaint bearing 119/2007 before the District Forum, Kollam stating that she is the wife of deceased Kunjuraman who was an employee of respondent No. 2 and he died while in service on 28.11.2004. Her husband was a member of EPF Scheme, 1952 and then EPF Scheme, 1995 having monthly salary of Rs. 3,718. Her husband was also member of Employees Deposit Linked Insurance Scheme, 1976 and the complainant was his nominee and thus entitled to get the Assurance Benefit due as per the Deposit Linked Insurance Scheme and' also for getting enhanced widow pension along with interest and cost. The revisionist herein was the opposite party No. 1 before the District Forum and filed the counter affidavit to the complaint stating that the complainant's husband was an employee of KSCDC and joined as a member of EPF Scheme with effect from 1.8.1973 with PF account No. KR/2798/1082 and left the service on 1.4.2002. Subsequently he died on 28.11.2004 and pension has been sanctioned from 29.11.2004 @ Rs. 510. The revisionist submitted that the said amount was adjudicated on the basis of statement 1 submitted by ex-employer of the deceased in the statutory return in Form 10 that the date of leaving service of the member was on 1.4.2002. The revisionist specifically pleaded that there is no laches or deficiency in service occurred on his part since the revisionist can act only in accordance with, the provisions of law and as per rules. It was also clarified that there would be no difference in average wages or pensionable salary, etc. since there was no work from. 1.4.2002 to 28.11.2004. The revisionist by filing additional version/reply specifically brought to the notice of the Consumer Forum that KSCDC has submitted a revised Form 3A before the Forum showing revised contribution cards for the month 4/2001 showing the wages as Rs. 3,215 instead of Rs. 2,500. Since the Act is a welfare legislation, the revisionist decided to rely on the revised Form 3A and revised the pension, therefore, the average salary comes to Rs. 1,646 and widow pension is Rs. 772.

(3.) The District Forum after considering the submissions of both the parties allowed the complaint vide its order dated 19.6.2014 which reads as under: