Decided on August 19,2009

Alphonse Joseph Appellant
Mary Gilbert Respondents


K.R.UDAYABHANU, PRESIDENT - (1.)THE appellant is the opposite party in CC No 189/2006 in the file of CDRF, Kollam. The appellant is under orders to pay a sum of Rs.1,50,000/ - with interest at 9% from the date of order and to pay Rs. 1,000/ - as costs.
(2.)IT is the case of the complainant who is the wife of deceased Gilbert Fernandez who was a permanent employ in the post of supervisor for 15 years from 1990 till 15 -04 -2005 in the Company of which the appellant is the Managing partner. The above person died while on duty on account of an accident. Despite the fact that the deceased was working in the company since October 1990 he was not enlisted in the ESI, PF and other welfare schemes applicable to the permanent employees. The appellant was legally bound to enlist the employees in the above schemes. On account of the above action on the part of the appellant the family members did not get anything. The deceased was the sole breadwinner of the family. The complainant has claimed a sum of Rs. 4,75,000 as compensation.
(3.)THE opposite party/appellant has filed version disputing the entitlement of the complainant to proceed under the Consumer Protection Act as she is not a consumer vide Section 2(d) of the Consumer Protection Act. It is also alleged that the deceased was working as Manager at their Chavara plant. He was not working as Supervisor. It is also denied that the deceased died at the company premises. It is also denied that he was a permanent employers. He was appointed as Manager on a consolidated salary of Rs. 7,500/ - per month. As he was a managerial staff drawing a monthly salary of Rs.7,500/ - he cannot be treated as a worker and hence he is not to subscribe to the EPF and ESI schemes. Hence he was not included in the above schemes.
The evidence adduced consisted of the testimony of PW1 DW1 and Exts.P1 to P3 and D1.

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