- (1.)The complaint was dismissed by the lower Forum and, therefore, aggrieved by the same the complainant has preferred this appeal. The complainant's case is that the complainant is entitled to a monthly compensation of Rs.1,285.70 np. The complainant, who was working as a Machinist in M/s. Textool Company Ltd. , Coimbatore, was a subscriber under Employees Pension Scheme, 1995. He resigned his job on 21.6.1996 since he suffered problem in lungs and was not in a position to continue the job. As his disability is permanent, he is entitled to a pension or monthly compensation of Rs.1,285.70. While so, the opposite party repudiated his claim without any basis and, therefore, the complainant has sought redressal before the District Consumer Disputes Redressal Forum, Coimbatore.
(2.)The opposite party contended that for granting disablement pension under Sec.15 of the Employees Pension Scheme, 1995, the disablement must be total and of permanent nature and such disablement ought to have happened while in service. It is incumbent upon the person claiming benefit under such scheme to produce a certificate to that effect from the Central Medical Board. The employer has to furnish in Form No.10 the reason for leaving the services as resigned on medical grounds or as resigned due to total disablement and the member after leaving service has to submit his Form No.10-D to the employer giving reasons for leaving service. In this case, the employer in his letter dated 28.10.1997 informed that the complainant has resigned his job and tendered resignation on 21.6.1996 mentioning that he was suffering from sinus and has been taking treatment for the last three years and, therefore, he has resigned on health grounds. But the complainant did not submit any medical certificate. On 10.4.1997 and 13.4.1997 he submitted medical certificates to the employer. The letter given by the complainant only showed that he has resigned the job since he was taking treatment for sinus. The medical certificates produced by the complainant did not reveal that he was totally or permanently incapacitated. The employer has also just mentioned in the Forum that the complainant resigned without mentioning anything further. Therefore, in such circumstances, the complainant is not entitled to any relief.
(3.)The complainant has not produced any material to show that he suffered any permanent disability while in service. It is also necessary to produce a certificate to that effect from the Central Medical Board. Therefore, the eligibility to claim pension has to be established by the complainant. It is only stated in Ex. B1, the copy of the Form 10-D that the reason for the complainant leaving the service is that "he resigned". In Ex. B2 also it is only mentioned as resigned. It is not stated that he resigned on medical or health ground. The complainant did not produce any medical certificate along with the resignation letter. It is only long thereafter on 15.4.1997 and 18.4.1997, he sends two different certificates from two different doctors. These certificates are also not helpful because they do not show the nature of the ailment or whether it is a permanent disability or not. Therefore, in such circumstances, it was rightly held by the lower Forum that the complainant is not entitled to any relief. On going through the records and the other materials, we are of the view that there are no grounds to interfere with the order passed by lower Forum.