MANAGING DIRECTOR, ORISSA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. vs GOURA CHANDRA PADHI

THE opposite party No. 3 in C.D. Case No. 108 of 2002 of the District Forum, Sundargarh, is the appellant in this appeal. Respondent No. 1 as complainant filed the aforesaid case against the present appellant as well as the Secretary, Co-operative Agriculture and Rural Development Bank-respondent No. 2; Assistant Registrar, Co-operative Society-respondent No. 3; Registrar, Co-operative Society respondent No. 4 and Deputy Registrar, Co-operative Society-respondent No. 5, alleging deficiency in service. His case is that during his service under the Secretary, Co-operative Agriculture and Rural Development Bank, Provident Fund amount was being deducted from his pay under the Contributory Provident Fund till his retirement i.e., 31.5.2002. It is also alleged that his employer after deducting the said amount from his salary, has not deposited the same with opposite party No. 5, the Provident Fund Commissioner. After his retirement he applied for withdrawal of his C.P.F. amount and repeated his prayer on 9.8.2002, 14.8.2002 and 8.11.2002. No action having been taken by the opposite parties, he filed the aforesaid case for appropriate redressal. According to him he is entitled to Rs. 2,32,339/- and he claims interest on the said amount and compensation and cost for the mental agony and injury suffered by him.

ON receipt of notice by the opposite parties in the said case, the M.D., Orissa State Co-operative Agriculture and Rural Development Bank, the present appellant, entered appearance before the District Forum, but opposite parties 2, 4 and 6 did not appear. Opposite Party No. 1, namely, the employer of the complainant also entered appearance and filed a show-cause. It was submitted therein that the C.P.F. contribution of the complainant was being deducted from his salary at the prescribed rate, but was not deposited with C.P.F. Commissioner. The District Forum after considering the facts and circumstances of the case directed the present appellant along with opposite parties 1, 2, 4 and 6 jointly and severally liable for payment of the aforesaid amount together with interest at the rate of 12 per cent per annum on Rs. 2,32,339/- from 31.5.2002 till the date of payment and further directed that a cost of Rs. 1,000/- be paid by the above opposite parties.

Perused the memorandum of appeal as well as the documents filed by the complainant in the Court below and heard the learned Counsel for both parties.

WE modify the order of the Court below to the extent that the Co-operative Agriculture and Rural Development Bank (Employer) will pay Rs. 2,32,339/- with prevailing interest on fixed deposits for three years, from 31.5.2002 till the date of payment. Payment shall be made within three months of the receipt of this order. WE make no order as to cost of this appeal. Appeal disposed of.