Skip to main content

Employee can't be denied PF due to transfer to another division: Apex consumer panel

An employee covered under the employees provident fund (EPF) act will not cease to enjoy the benefit merely on being transferred to another division of a organization, the apex consumer commission has ruled.

"Once an employee is transferred to another division within the organization, his coverage under the EPF Act is not suspended," the National Consumer Disputes Redressal Commission (NCDRC) said.

A bench headed by Justice KS Chaudhari made the observation while upholding the orders of the Odisha state and district consumer fora which had directed the Regional Provident Fund Commissioner (RPFC) to pay the pension amount for GSN Reddy's service since 1981 with the Podagada and Kapur dam divisions till his death in 1987.

RPFC had contended that Reddy was not entitled to pension as there was a break in his membership under the EPF scheme when he was transferred from one division to another in November 1983.

The Odisha state commission had upheld a district forum's order directing the RPFC to pay the pension amount to the widow of the carpenter, GSN Reddy who had died in 1987 while in service.

Reddy's wife G Easwaramma had moved the district forum for payment of the pension amount that according to her, he was entitled to get.

The RPFC's argument was rejected by the NCDRC which said, "The contention of the petitioner (RPFC) that by transfer from one establishment to another establishment his (Reddy) membership got suspended does not have any force.

"In this case, it is a transfer from one division to another division within the same organisation, and by no stretch of imagination, it can be counted as a break."

The commission also noted that as per records submitted before it, Reddy had become a member of the fund with effect from July 31, 1983 and contribution to the provident fund was regularly made till his death in March 1987.

"It is held, therefore, that the state commission or the district forum have not committed any illegality or irregularity," the bench said.
Article referred: http://articles.timesofindia.indiatimes.com/2013-08-25/india/41445259_1_district-forum-pension-amount-epf-act

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...
Post a Comment
Read more

Person Being Prosecuted To Be Provided With All Relevant Documents

The Delhi High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him. In the instant case, a search was conducted at the residences of the petitioners and their statements were recorded and several documents were seized. They were issued show cause notices under Section 276 C(1) and Section 277 of the Income Tax Act, Section 181 of the Indian Penal Code and Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act. They sought to be provided with a copy of their statements and the documents seised. However, the same was denied to them.
Post a Comment
Read more