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SUNITA YADAV, MONIKA MALIK
Assistant Bhavisya Nidhi Aayukt – Appellant
Versus
Mohanbai Soni – Respondent
ORDER :
Sunita Yadav, President—The opposite party/appellant has filed this appeal against the order dated 09.08.2016 passed by the District Consumer Disputes Redressal Commission, Ujjain (for short ‘District Commission’) in C.C.No.341/2015 whereby the complaint filed by the complainant/respondent has been allowed.
2. In short, the facts of the case are that complainant’s husband Kailash Soni was a driver in M. P. State Road Transport Corporation and he was terminated on 17.07.2000. Against which he approached the Labour Court and the Court set-aside the order of termination and ordered for payment of 50% of back wages on 07.04.2006 however, before passing of the said order, the complainant’s husband Kailash Soni passed away on 12.01.2004. Late Kailash Soni completed 15 years of continuous service till 17.07.2000 and 19 years of continuous service till the date of death i.e. 12.01.2004. It is alleged by the complainant that his PF No.MP/4044/4873 is still in existence and the complainant is a widow of 53 years of age and needs pension for maintenance but the opposite party deprived her from pension. The opposite party vide letter dated 10.09.2015 informed her that the complainant is
Claim to be a ‘consumer’ – Once an employee withdraws the full Provident Fund and Pension amount as a final settlement (availing benefits under Para 14 of EPS 1995), their membership in the fund ceas....
Jurisdictional error - Revisional Jurisdiction of National Commission under section 21(b) of the Consumer Protection Act, 1986 is extremely limited and this Commission cannot set aside the Order pass....
Jurisdictional error - Commission cannot set aside the Order passed by the State Commission in Revisional Jurisdiction until and unless there is any illegality, material irregularity or jurisdictiona....
Jurisdictional error - Revisional Jurisdiction of National Commission under section 21(b) of the Consumer Protection Act, 1986 is extremely limited and this Commission cannot set aside the Order pass....
Pension fund – Employees’ Provident Fund Scheme and pension were enacted by the legislation to help the poor citizens for their livelihood and the legislation is welfare legislation for the interest,....
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