GENERAL SECRETARY, NATIONAL UNION OF SEA, FARERS OF INDIA Vs. K.LOKANASTHAM

JUDGEMENT

(1.) This is an appeal filed by the opposite parties against whom the District Forum passed an order imposing liability to pay the amount claimed by the complainant along with costs and other benefits.

(2.) The facts of the case are briefly as follows:

(3.) The complainant, a sea farer, was a bonafide member of the opposite party No.1 association and served the ship C.V.Raman as his last voyage and signed off the said ship on 12-6-2002. As the complainant was suffering from kneecap disease, he underwent treatment till 20-11-2002 and as he was not fit for sea service, he tendered his voluntary retirement on 03-12-2002 by enclosing medical certificate which was accepted by the Director, S.C.O., Mumbai dated 4-12-2002. The complainant submitted that first opposite party issued guarantee Life Time Security which was made applicable from 01-4-2002 to 31-3-2004 and the complainant came to know of the said information in Mumbai. It is the case of the complainant that if the said information was passed to him, he would have taken voluntary retirement in June 2002 and would have got the benefit under the said scheme. Under clause 11 of the said scheme, the complainant was entitled to get Rs.70,000/- under the severance and redundancy compensation and since he took voluntary above the age of 58 years. However, the complainant was entitled to the compensation of the aid amount of Rs.70,000/- since the said scheme is applicable from 01-4-2002 to 31-3-2004. The complainant, therefore, got issued a legal notice to the opposite parties requesting to pay the said amount for which opposite party No.3 replied that the case pertains to opposite party no.1 and first opposite party replied that opposite party no.2 had to attend to it. Reminder legal notice was also issued but there was no reply. Hence the complainant approached the District Forum alleging deficiency in service on the part of the opposite parties.