Mr.Deepchand Yadav vs Ministry Of Labour And Employment on 2 July, 2010

Central Information Commission
Mr.Deepchand Yadav vs Ministry Of Labour And Employment on 2 July, 2010
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796

                                                      Decision No. CIC/DS/A/2010/000439/SG/8371
                                                             Appeal No. CIC/DS/A/2010/000439/SG

Relevant Facts

emerging from the Appeal:

Appellant                           :       Mr. Deep Chand Yadav
                                            11700, Near Raja Ka Tola,
                                            Desh Raj Colony, Panipath,
                                            Haryana - 132103.

Respondent                          :       Mr. R. L. Panchal
                                            Public Information Officer &
                                            Assistant Commissioner

Employees Provident Fund Organization
Regional office (Delhi),
Bhavishyanidhi Bhawan, Plot No.28,
Wazirpur Industrial Area,
Delhi – 110052

RTI application filed on : 03/09/2009
PIO replied : 23/03/2010
First appeal filed on : 09/11/2009
First Appellate Authority order : 17/03/2010
Second Appeal received on : 06/01/2010

Information Sought
The appellant had inquired about his PF fund and amounts deposited by Khadi Ashram Trust. He had
also asked about action taken against Khadi Ashram.

Reply of the Public Information Officer (PIO)
Q 1 and 2 – the Interest amount has not been deposited by the Khadi Ashram Trust, Panipath.
Q 3 – Relevant actions are being taken against the above mentioned trust, for not submitting the
amount due.

Q 4 – The total amount till 10/ 2009, sums up to be Rs 19,123. In order to receive this amount form 19
has to be filled in and deposited with the establishment.

Grounds for the First Appeal:

Unsatisfactory Information provided by the PIO

Order of the First Appellate Authority (FAA):
No order passed by the FAA.

Grounds for the Second Appeal:

Unsatisfactory Information provided by the PIO and No order passed by the FAA.
Relevant Facts emerging during Hearing:

The following were present
Appellant: Absent;

Respondent: Mr. J. S. Duggal, APFC on behalf of Mr. R. L. Panchal, PIO & Assistant Commissioner;

The Respondent has shown that the FAA has also provided certain information and
subsequently on 27/04/2010 further information has also been provided by the PIO to the appellant.
The Commission finds that the appellant has sought details of action taken against Khadi Ashram Trust
for not depositing amounts due to employees. The PIO has given very lame excuses stating that action
has been taken. The PF PIO has also informed that on 31/03/2010 a notice was issued to the employer
in which it was stated that unless there was compliance within 15 days appropriate action would be
taken under the law. However, there is no evidence of any further action having been taken. The PIO is
directed to inform the appellant about the action taken against the employer for recovery of his dues
before 26 July 2010.

Decision:

The Appeal is allowed.

The PIO is directed to inform the appellant about the action taken against the employer for
recovery of his dues before 26 July 2010.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
02 July 2010
(In any correspondence on this decision, mention the complete decision number.)(YM)

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