1. Md. Amiruddin,

            Simal Gram, Near Masjid Para,

            P.O. Kulti, Dist. Burdwan, Pin-713343.                                                     ________ Complainant

___Versus___

1. Regional Provident Fund Commissioner,

            Regional Office: Bhavishyanidhi Bhawan,

            DK Block, Sector-II, Salt Lake City,

            Near Karunamoyee Bus Stop, Kolkata-91.

1. Sub Regional Provident Fund Commissioner,

Sub Regional Office: 44, Park Street, 7^th Floor,

Kolkata-16.

1. Assistant Provident Fund Commissioner (Pension),

Sub Regional Office, Red Cross Road (Opposite

Commercial Tax Office) City Centre,

Durga[ir, Pin-713216, West Bengal.                                                        ________ Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   17    Dated  22-04-2014.

          The case of the complainant in short is that complainant was an employee of the establishment namely The Indian Iron and Steel Co. Ltd., Kulti Works ( A Subsidiary of Steel Authority of India Ltd., Govt of India) and was in employment from 20.3.1974 to 29.3.03. The complainant retired from his service on 29.3.03 under Voluntary Retirement Scheme and he has withdrawn his last salary for the month of March, 2003 to the tune of Rs.9359.07 on completion of 58 years of his age.

            Complainant states that the complainant has  a Provident Fund A/C as a member of the scheme introduced by the Regional Provident Fund Commissioner before the aforesaid o.ps.

            Complainant further states that after retirement from his service under the said Voluntary Retirement Scheme, the complainant applied for withdrawal of his monthly pension before the concerned authority. The said application of the complainant was duly processed and after lapse of almost three years an three months the complainant had received “Pension Payment Order” being P.P.O. No.WB/TGP/13781 dt.30.6.06 issued by Asst. P.F. Commissioner (Pension) S.R.O. Durgapur, wherefrom it appears that the complainant was sanctioned monthly pension with effect from 20.11.05 for a sum of Rs.1112/- and the arrear amount of pension was paid for a sum of Rs.7080/-.

            O.p. nos.1 and 2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. The Regional Provident Fund Commissioner in their evidence interalia submitted that Provident Fund Authority is a state under Article 12 of the Constitution of India and as such the matter against Provident Fund Commissioner comes under the Writ jurisdiction. O.p. no.3 did not contest the case by filing w/v and matter was heard ex parte as against o.p. no.3.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and having close look on to the findings above, we are of the view that since the Provident Fund Authority is a state under Article 12 of the Constitution of India and any matter in respect of the Provident Fund Authority should come under Writ jurisdiction for adjudication.

            Hence, ordered,

            In view of the above observation we hold that this Forum has no locus standi to adjudicate the aforesaid matter since the Provident Fund Authority is a state under Article 12 of the Constitution of India and any dispute in respect of the Provident Fund Authority should come under Writ jurisdiction. Hence, the instant complaint case is rejected without cost against the o.ps. with the liberty to the complainant to agitate the self same issue before the competent court of law.

            Supply certified copy of this order to the parties free of cost.