Karnataka

StateCommission

A/1127/2016

The Regional Provident Fund Commissioner - Complainant(s)

Versus

M.D. Tola - Opp.Party(s)

Nandita Haldipur

23 Mar 2023

ORDER

                                                                 Date of Filing : 23.05.2016

                                                           Date of Disposal : 23.03.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED : 23.03.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL Nos.1123/2016 to 1127/2016

 

 

The Regional Provident Fund Commissioner

Sub-Regional Office

3^rd Floor, S L V Towers

Parvathi Nagar

Bengaluru – 583 103                                                          Appellant

(By Mrs Nandita Haldipur, Advocate

(Appellant is same in all the Appeals)

 

               -Versus-

1. Appeal No.1123/2016

    Mr  N K Kundanagar

    S/o Late Kashinath

    Aged 64 years

    R/o Sri Kalika Nivas

    Venkateshwara Nagar

    Bijapur                                                                     Respondent

 

2. Appeal No.1124/2016

    Mr B G Toravi

    S/o Late Guru Shantappa Toravi

    Age 61 years

    R/o K Ramanjaya Setty

    Sri Saila Mallikarjuna Krupa

    Bellary Durgamma Temple Road

    Hospet - 583 201                                                       Respondent   

                                                                            

3. Appeal No.1125/2016

    Mr A B Takali

    S/o Late Bheemappa

    Age 67 years

    R/at Shahapet Galli House

    Near Chappalaganav

    Bijapur – 586 101                                                      Respondent 

 

4. Appeal No.1126/2016

    Mr M Veerabhadraiah

    S/o Late M Rachaiah

    Aged 68 years

    Flat No.98, Soujanya Estate

    Near Viajshree Heritage

    Old Malapanagudi

    Hospet - 583 239                                                         Respondent 

                                                                    

5. Appeal No.1127/2016

    Mr M D Tola

    S/o Late Kasim Sab

    Age 64 years

    R/o House No.1777

    Plot No.34/35, Rajajinagar

    Quadriya Colony

    Beside Adinath Jain College

    Near Chidambara Ashram

    Aravind Nagar

    Hospet - 583 201                                                       Respondent

 

   : COMMON ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       These Appeals are filed under Section 15 of Consumer Protection Act 1986 by OP, aggrieved by the Orders dated 12.02.20216 and 04.03.2016 in Consumer Complaint Nos.167/2015, 176/2015, 178/2015, 201/2015, 216/2015 respectively on the file of District Consumer Disputes Redressal Forum, Bellary (for short, the District Forum). Since the facts and law involved in all these are one and the same, they have been taken up together for consideration.

 

2.       Heard the Learned Counsel for Appellant. It is observed that inspite of service of Notice on the Respondent none appeared on behalf of the Respondent in all these cases. Hence, the arguments of the Respondent in all the cases is taken as heard.

3.       The Appellant/The Regional Provident Fund Commissioner in these Appeals contended that the Complainants had retired from the service prior to their scheduled date of superannuation; they had not put in pensionable service of 20 years; they had opted for Reduced Pension therefore, they are not eligible for two years weightage.  Further contended that the District Forum without taking into consideration of these facts had directed the Appellant to revise the Monthly Pension of the Complainants by adding weightage of two years with interest and costs, hence, seeks to set aside the Impugned Order by allowing the Appeals.

 

4.       On Perusal of records, it reveals that the Respondents/ Complainants are the employees of M/s TSP Ltd., Hospet during the years 2000, 2002 and 2006 respectively. Complainants enrolled as Member of the Employees Provident Fund Scheme 1952, 1974 and subsequently, continued to contribute their contribution to the Employees Pension Scheme of 1995. The allegation of the Complainants is that OP/Appellant failed to settle their entitled Monthly Pension as per provision of EPS 1995.  Per contra, no cogent documentary evidences has been produced by the Appellant to disprove the claim of the Complainants that they had retired prior to their attaining the age of Superannuation and not put in pensionable service of 20 years to grant two years weightage.  If the Complainants have not been Superannuated, the Appellant is honour bound to follow his own Rules & Regulations and should have subjected his Members to become entitled for Reduced Pension at the reduced rate of 3% p.a, to the extent of the shortage of age of the Members falling short of 58 years, as per Para 12.7 of EPS 1995.  Under the circumstances, the Impugned Order passed by the District Forum directing the OP to re-fix the Monthly Pension of the respective Complainants for the service rendered by them under past service and actual service, in accordance with EPS 1995 by giving weightage of two years and issue Revised Pension Payment Order and pay the pension accordingly, from the date as applicable with interest @ 6% p.a and cost of Rs.2,000/- is just and proper and no strong & acceptable reasons has been brought to the notice of this Commission to interfere with the Impugned Order.   Accordingly, Appeal Nos. 1123/2016 to 1127/2016 stands Dismissed.

 

5.       The Statutory Deposit in these Appeals is directed to be transferred to the District Commission for further needful.

6.       Keep the Original of this Order in Appeal No.1123/2016 and copy thereof, in rest of the Appeals.

7.       Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

 

                                                                     President

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