MR LAXMI NARAYANA PADHI, PRESIDENT…..    The factual matrix of the complaint is that, the complainant being an MSW graduate, was appointed as team member in the child line 1098 project carried out by Shakti Social Cultural, i.e. OP.1, an NGO incorporated under societies Regn Act 1860, with assured pay of Rs.800/- p.m. out of which Rs.600/- were been deducted as employees contribution of EPF, since dt.22.01.2015. But owing to continuous sexual harassment & discriminate behavior of the OP.1 namely Akhila Panda & one of his associate, she was forced to complaint the matter before police station, and thus out of revenge, the OP.1 retrenched her from service, though verbally, on dt.14.11.2015, but refused to settle her EPF accumulations as well as outstanding salary for Oct’2015 & Nov’2015. She also claims of lay off compensation as per IDA 1947, hence for such malfeasances of the OP.1, and the OP.2 being negligent of providing her EPF particulars, filed this claiming compensation of Rs.20,000/- along with cost of Rs.5000/- with direction against the OP.1 to pay her lay off compensation, salary for Oct to Nov’2015, form 19 & 10© of EPFO, duly filed & forwarded to OP.2 for release of her EPF accumulations. The complainant has filed her appointment letter issued by OP.1 bearing No.28/SR-15 dt.19.01.2015, copy of incorporation certificate & EPF Regd certificate of OP.1 organisation.

2.         The OP.1 was noticed u/s 13(1)(a) of C.P.Act 1986 along with the complaint through Regd Post, but despite of receipt of the same, he preferred not to represent his case against the complainant, hence set ex parte, and the forum proceeded to conclude the complaint on merit with available evidences.

3.         The OP.2, on dt.31.08.2016, filed his counter contending that the EPF A/c No. of complainant, as revealed from records is OR-10555-124 and EPF contribution @ Rs.300/- has been deposited showing her wages as Rs.2500/- p.m. for the period from May to Aug’2015. That, the E.O., has been deputed to verify the records of OP.1 organization vide their office Lr.No. 3421 dt.09.08.2016 & form F-19 & F-10© has not been recorded by this office pertaining to accumulation disbursal.

4.         We have perused the Lr.no. 28/SR-15 dt.19.01.2015 of OP.1, issued to the complainant, where in it is mentioned that, she was entitled to Rs.8000/- p.m. As the complainant has joined the organization on dt.22.01.2015, the EPF contribution should have been commenced at least from February 2015, as per para 26 of EPF & MP Act & Schemes thereof, at the rate prescribed by statute.

5.         Further, the OP.1 employer should have retrenched the employee, if any, with one month prior notice, or immediately with one month salary as per rules. But here the OP.1 has acted arbitrarily removing the complainant without any lay off compensation or settlement of all dues accrued to the complainant/employee which is contravention to the laws of the land. He should have got form 19 & 10C of EPF duly endorsed to facilitate the employee have her/his accumulations, and all these are mandatory by statutes and cannot be guided by personal discrimination.

6.         The EPF authorities i.e. the OP.2 has similarly law bound to verify the documents/registers of organizations to ensure that every employee is covered as per statutes and nothing is under covered, but here he is seen superfluously without real intentions to discharge his statutory obligations.

            Hence, we allow the complaint against both the OP.s.

                                                                        ORDER

i.          The OP.2 is hereby directed to recover both the employees & employees contribution against EPF A/c No. OR 10555-124 of the complainant taking into consideration of her actual salary of Rs.8000/- from Feb’2015 to Oct’2015 with damages as per prescriptions under the statutes.

ii.         The OP.2 is further required ensure that, EPF contributions against the accounts of each and every employee of the organizations is made vis a vis to their actual pay and actual date of their joining, deploying all four legs of his authority under statute.

iii.        The OP.1 is required to pay a sum of Rs.3000/- (Three thousand) as compensation to the complainant, as well as Rs.5000/- (Five thousand) as cost of litigation to the complainant.

iv.        All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 29th day of Sept' 2016.

    Sd/-                                                                                 Sd/-

MEMBER                                                                 PRESIDENT, DCDRF,

                                                                                       NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.

                        Memo No_______________                          Dtd…………………………

                        Copy to the parties concerned.

                                                                                                PRESIDENT, DCDRF,

                                                                                                    NABARANGPUR.