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2005 DIGILAW 524 (UTT)

Pranaya Kumar Padhi v. Ballarpur Industries Ltd.

2005-12-12

M.B.SHAH, P.D.SHENOY

body2005
ORDER Dr. P.D. Shenoy, Member — This is a case wherein an employee could not get back the Provident Fund amount due to him from a company which is an exempted establishment under the Employees Provident Fund and Misc. Provisions Act having its own Board of Trustees to administer Provident Fund of the Employees. Case of the Revision Petitioner : 2. Case of the complainant is that he was serving under M/s. Sewa Papers Ltd., Jeypore which was subsequently amalgamated into M/s. Ballarpur Industries Ltd., Jeypore. During his service, he became a member of Employees Provident Fund and also a member under the Scheme of Employees’ Family Pension Fund by getting an account No. DL/5658/107. In July 1984, the above account number had been transferred from Delhi Region to Orissa Region under Account No. OR/2910/225 and the complainant continued the contribution to the account of his share. He also received the account slips upto February 1985 only and thereafter he had not received any intimation or account slips. He resigned from service on 31-3-1991 and he intended to withdraw the P.F. amounts. As his dues were not settled he approached the District Forum by filing complaint Case No. 50/92. 3. In the District Forum the opposite party No. 1 Regional Provident Fund Commissioner stated that opposite party No. 3 i.e. Sewa Papers Ltd., have not submitted the report in respect of the claim and the District Forum has no jurisdiction to entertain the complaint. After hearing the parties the District Forum directed the Sewa Papers Ltd., to submit information about the amounts deposited from the salary of the employee alongwith shares contributed by the employer to the Regional Provident Fund Commissioner who shall prepare annual statement of accounts yearwise of the complainant. It also awarded Rs. 500/- towards the cost of litigation. OP No. 3 was also directed to pay interest @ 18% per annum on the gross amount from the date of the order till its compliance. 4. Against this order M/s. Ballar-pur Industries Ltd., Jeypore which has stepped into the shoes of M/s. Sewa Papers Ltd., filed an appeal before the State Commission in Appeal No. 300 of 1994 which was dismissed on 18-12-1997. As the order of the District Forum is confirmed by the State Commission, the complainant has filed an execution petition with the District Forum. As the order of the District Forum is confirmed by the State Commission, the complainant has filed an execution petition with the District Forum. Against the order of the District Forum directing the issuance of Non-Bailable Warrant of Arrest against the present appellant M/s. Ballarpur Industries Ltd., the State Commission passed the following orders : “The District Forum has not considered the case in the light of our judgment above. We set aside the order of the District Forum and dispose of this Revision with a direction that the present petitioner shall pay to the complainant Rs. 5447.40 plus further Rs. 5,000/- (Rs. 10,447.40/-) within a period of one month from the date of communication of this order. We direct that until expiry of this period there shall be stay of further proceeding in execution proceeding. If the amount is not paid within that period, the complainant may proceed with the execution proceeding that is pending before the lower Forum, or also, on payment the said proceeding shall be dropped on satisfaction." 5. Dissatisfied and aggrieved by the order of the State Commission complainant (employee) has come up in revision. The revision petitioner contended in his revision memo that Respondents No. 1 to 4 admitted the following facts : (i) the present dispute is for supply of statement of accounts in respect of the EFP Account of the present petitioner vide EPF A/C No. OR/2910/225 from 1-2-1983 till date; (ii) the respondent No. 3 admitted in his counter filed on 13-4-1994 before the District Forum in CD 50/92 that Accounts slips have been issued till 1985-86 only and thereafter no accounts slips were issued due to non-deposit of dues by the respondent No. 1. (iii) as per the clauses of the approved Merger Scheme of BIFR M/s. Sewa Papers Ltd., has merged with M/s. Ballar-pur Industries Ltd., w.e.f. 1-4-1990 without winding up and all the employees on roll of M/s. Sewa Papers Ltd., be-came the employees of M/s. Ballarpur Industries Ltd., w.e.f. 1-4-1990. (iii) as per the clauses of the approved Merger Scheme of BIFR M/s. Sewa Papers Ltd., has merged with M/s. Ballar-pur Industries Ltd., w.e.f. 1-4-1990 without winding up and all the employees on roll of M/s. Sewa Papers Ltd., be-came the employees of M/s. Ballarpur Industries Ltd., w.e.f. 1-4-1990. (iv) the present petitioner was an employee of the respondent No. 1 from 26-11-1982 till 31-3-1991 without any interruption of service and salary for the said period have been paid to him; (v) he became member of employees Provident fund w.e.f. 1-2-1983 vide EPF Account No. OR/2190/225; and his EFP Accounts are still due for payment as such till today he is continued to be a member of the Employees Provident Fund; (vi) the EPF contributions for the period 1986-87 to 1991-92 in respect of the present petitioner has not yet been deposited in the Fund by the respondent No. 1 and the present respondent No. 1 undertaken to pay the same vide its counter dated 23-8-2000 and in the Revision Petition in CD Rev. 53/2001. (vii) the District Forum vide its order dated 12-7-1994 passed in CD 50/92 directed the Respondent No. 1 to deposit the arrear dues with Respondent No. 3 to supply the statement of accounts to the present petitioner through respondent No. 1; and admittedly the salary for the period 1-11-1987 to 31-3-1991 have been paid on 7-6-1995 i.e. before payment of salary for the said period the District Forum has directed the respondent No. 1 for deposit of arrear dues; (viii) the direction/order of the District Forum has been confirmed by the Hon’ble State Commission vide order dated 18-12-1997 in CD Apl. No. 300/94; and no appeal or revision against the order dated 18-12-1997 of the Hon’ble State Commission have been filed by any of the parties till date; as such the order dated 12-7-1994 of the District Forum is final u/s. 24 of the C.P. Act, 1986; (ix) the EPF Accounts of all the members under the EPF Account OR 2910 have been transferred to the Board of Trustee maintained by the Respondent No. 2. 6. The Ld. Senior Counsel for respondent No. 1 has stated that M/s. Sewa Papers Ltd. does not exist and it has been taken over by M/s. Ballarpur Industries Ltd., and the revision petitioner was an employee of M/s. Sewa Papers Ltd., hence he has no case. 6. The Ld. Senior Counsel for respondent No. 1 has stated that M/s. Sewa Papers Ltd. does not exist and it has been taken over by M/s. Ballarpur Industries Ltd., and the revision petitioner was an employee of M/s. Sewa Papers Ltd., hence he has no case. However, after hearing the counsel for revision petitioner he stated that the company is willing to pay whatever legal dues to the revision petitioner. 7. Ld. Counsel for the Regional Provident Fund Commissioner submitted that they are not liable to pay the amount to the complainant as M/s. Ballarpur Industries Ltd., is an exempted establishment under the EPF and M.P. Act and they have not transferred the money to the organization. 8. The revision petitioner has filed before us a statement of account prepared on the basis of the statement filed by the opposite party No. 1-M/s. BILT in its counter dated 23-8-2000 in E.P. 4/98 and para 3.12 and 4.3 of the revision petition in CD Rev. No. 53/2001 from 1-4-1986 to November 2005. As per said statement Rs. 37,640/- is still due to respondent No. 1. A copy of which was given to the respondents' counsels. It was brought to his notice that the rate of interest in EFP have been reduced to 9.5% during the last four years, he agreed to recalculate the amount due to him. Accordingly, he recalculated the amount and submitted his statement of account payable to him from 1986-87 till 31-10-2005. This amount comes to Rs. 28,830/-. There is no reason to doubt the veracity of the said statement. 9. Accordingly, respondent No. 1 is directed to pay Rs. 28,830/- to the petitioner within four weeks from the date of this order. They shall also pay a sum of Rs. 5000/- as cost. Revision petition is disposed of accordingly. Revision petition disposed of accordingly. *******