AIR 2008 SUPREME COURT 2957 ::2008 AIR SCW 4974 ::2008 LAB. I. C. 3565 ::2008 (5) All LJ 693 ::2008 (5) AIR Bom R 509 ::2008 (3) AIR Jhar R 844 ::(2008) 2 WLC(SC)CVL 267 ::2009 BomCRSup 496 ::(2008) 2 CurLR 256 ::(2008) 118 FacLR 415 ::2008 (7) SCC 111 ::(2009) 2 ServLJ 346 ::(2008) 2 CPJ 9 ::(2009) 1 Mad LJ 931 ::(2008) 4 MPLJ 121 ::(2008) 5 Mah LJ 496 ::(2008) 3 Lab LN 45 ::(2008) 3 Ker LT 789 ::(2008) 5 ServLR 430 ::(2008) 3 SCT 395 ::(2008) 3 UC 1724 ::(2008) 70 AllIndCas 157 (SC)

Supreme Court Of India

Hon'ble Judge(s): Altamas Kabir, V. S. Sirpurkar , JJ

(A) Employees Provident Funds and Miscellaneous Provisions Act (19 of 1952) , S.5— Employees Pension Scheme (1995) , — Pension - Eligibility - Date of birth - Different date of birth of respondent entered in records of employer and records of Regional Provident Fund Commissioner (Commissioner) - Respondent continued to work with Company till date of superannuation as recorded in Company's record - Contributed to fund till year 1995 - No explanation by Commissionner as to how such contributions were received though according to record in office of Commissioner she was superannuated earlier - Held, respondent was eligible for 1995 Scheme. (Para 19) (B) Consumer Protection Act (68 of 1986) , S.2(1)(d)(ii), S.2(1)(o)— 'Consumer' - Respondent, an employee of a Company becoming member of Employees' Family Pension Scheme, 1971 and contributing to same - She is thus, availing services rendered by Regional Provident Fund Commissioner for implementation of Scheme - Regional Provident Fund Commissioner, who is person responsible for working of Pension Scheme is 'service giver' and respondent is 'consumer' - More so, as it was not a case of rendering of free service or rendering of service under contract of personal service so as to bring relationship between Regional Provident Fund Commissioner and r....