Central Information Commission Judgements

Mr.Ram Chander Harijan vs Ministry Of Labour And Employment on 28 June, 2010

Central Information Commission
Mr.Ram Chander Harijan vs Ministry Of Labour And Employment on 28 June, 2010
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                     Decision No. CIC/DS/A/2010/000090/SG/8282
                                                            Appeal No. CIC/DS/A/2010/000090/SG

Relevant Facts

emerging from the Appeal

Appellant : Mr. Ram Chander Harijan
3514, Jawahar Colony,
Faridabad.

Respondent : Public Information Officer
Regional Provident Fund Commissioner-II
Employees’ Provident Fund Organization
Regional Office : Delhi (North)
Ministry of Labour, Government of India
Bhavishya Nidhi Bhavan, Plot no.28,
Warzipur Industrial Area, Delhi-52.

RTI application filed on             :     07/12/2008
PIO replied                          :     07/01/2009
First appeal filed on                :     18/01/2009
First Appellate Authority order      :     24/02/2009
Second Appeal received on            :     19/11/2009
Sl.                   Information Sought                  Reply of the Public Information Officer
                                                          (PIO)

1. Certified copy of PF claim application that was sent Declaration form was not available with the
to the PF Office by M/s Prestige International Unit Office.
of Plastic Works Pvt. Ltd.

2. Certified copy of Form 6A for the period of Copies of return cannot be provided as it
10/10/1977 to 1997 of the Appellant submitted by contained details of 3000 employees.
the above mentioned Company in the PF office.

3. Details of total available balance in the PF account After investigation it was found that the
of the Appellant and the manager for above Appellant was not a member of the
mentioned period. provident fund. Therefore, PF account no.

and contributions cannot be provided.

4. Details of action to be taken by the Appellant in Form no. 19 & 100 duly attested by
case the manager did not fill the form to withdraw employer should be submitted to this Office.
PF amount.

Grounds for the First Appeal:

Unsatisfactory information provided by the PIO.

Order of the First Appellate Authority (FAA):
Nor ordered.

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Grounds for the Second Appeal:

No information was provided by the PIO and inaction on the part of the FAA.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Ram Chander Harijan;

Respondent: Absent;

The appellant has sought information about his PF account. The PIO has stated that there is no
PF account of the appellant and there is no information about his contribution to the PF Fund. The
Appellant has produced before the Commission a letter from the Assistant Labour Officer of
10/03/2005 in which it is mentioned that recovery certificate has been issued on 21/11/1995 for
recovery of Rs.89,360/- for recovery of the appellant’s wages. Hence the appellant claims that he was a
worker employed at M/s Prestige International and hence his PF contribution should have been
recorded in the office of the PF Commissioner. In view of this the Commission directs the PIO to look
at this issue and take appropriate action and provide the information to the appellant.

Decision:

The Appeal is allowed.

The PIO is directed take appropriate action and give the information to the
appellant before 30 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
28 June 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)

Encl: Copy of Assistant Labour Officer’s letter dated 10/03/2005.

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