Title: Kondareddigiri Adinarayanareddy Vs State Bank Of Hyderabad And Others
Case No.: Revision Petition 71/2013
The National Consumer Disputes Redressal Forum recently ruled that any dispute regarding withholding of terminal benefits such as gratuity or provident fund does not fall within the jurisdiction of consumer courts.
Presiding members Dinesh Singh and Karuna Nand Bajpai (Member) issued the order observing that the issues relating to terminal benefits should be decided by the competent civil court or service tribunal as a whole.
The NCDRC made these observations while considering the amendment made by a complainant against the orders passed by the District and State Commission.
The complainant was dismissed from the job in the bank as it was revealed that he had obtained appointment in the reserved category by using fake caste certificate. The complainant moved the district forum after the bank withheld the final benefits of his gratuity and provident fund.
A preliminary objection was raised by the respondent bank, stating that the petition is not maintainable as the complainant is not a consumer under the Consumer Protection Act.
After her plea was rejected by the State and District Forum, the complainant moved the NCDRC where the Commission held that the lower forums should have considered the issue of jurisdiction before considering the petition on merits.
According to the court, any complaint regarding withholding of contribution of the bank to gratuity or provident fund is an issue to be decided by a civil court or a competent tribunal.
Therefore, the NCDRC set aside the orders passed by the District and State Tribunals and gave liberty to the complainant to approach the appropriate court or tribunal.