| First Appeal No. A/1672/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2016 in Case No. Complaint Case No. CC/122/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Mangaleswari.R | | W/o H.Parameshwarappa, Mangala krupa, behind R.T.O. Office, Vidyanagar, Tumakuru. PIN-572103 | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1673/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. Complaint Case No. CC/123/2016 of District Tumkur) |
| | | | 1. The Asst. Provideent Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Mahadevappa | | S/o Late Basanth Rao, Aged about 61 years, Swastik Nilaya, Mallige road, 9th Cross, Ashoknagar, Tumkur-572103 | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1674/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. CC/124/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Shankarappa | | S/o Late Narasaiah, Aged about 61 years, Beechanahally, Dandinashivara post, Turuvekere Tq. Tumkur Dist. | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1675/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. CC/125/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. B.Halappa | | Aged about 61 years, 9th Cross, Ashoknagar, Tumkuru-572103 | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1676/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. Complaint Case No. CC/126/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Rudramurthy | | Aged about 62 years, S/o Late Nanjappachar, Madenahalli post, Gubbi Tq., Tumakuru. | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1677/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. Complaint Case No. CC/127/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Parameshwarappa.H. | | Aged about 60 years, S/o Late Hanumanthappa, R/a Behind RTO office, Manjunath Chowltry, Vidyanagar, Tumakuru | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1678/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. Complaint Case No. CC/128/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Kamashettappa | | S/o Late C.Kariyappa, Aged about 60 years, Sri Siddeshwara Nilaya, Vidyanagar, Tumakuru | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1679/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. Complaint Case No. CC/129/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Jayanna | | Aged about 60 years, S/o Late Rangegowda, Prajwalanilaya, 1st Main, 2nd Cross, Girinagar extension, Kyathasandra post, Vidyanagar, Tumakuru | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1680/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. Complaint Case No. CC/130/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Bore Gowda | | S/o Ganganna, Aged about 59 years, Maralure Dinne Main road, Viswanna layout, Shanthinagar, Tumakuru | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1681/2017 | | ( Date of Filing : 07 Aug 2017 ) | | (Arisen out of Order Dated 17/05/2017 in Case No. CC/131/2016 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employees' Provident Fund Organisation, Regional Office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Venkatesha Naik | | Aged about 56 years S/o late Gangaiah, Saptagirinilaya, Nayakanapalya, Gulur hobli, Sasalu post, Tumakuru | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
|
|
| Final Order / Judgement | Dtd.03.09.2022 COMMON ORDER IN A/1672 to 1681/2017 BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER - These are the appeals filed U/s.15 of CPA 1986 by OP.1/Appellant aggrieved by the order dtd.17.05.2017 passed in CC/122 to 131/2016 on the file of Tumakuru District Forum.
- The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsel for Appellant, since none appeared for respondents and as these are old appeals taken to decide on merits.
- Learned counsel for Appellant/OP.1 submits that pension is already fixed by the OP.1/Appellant in respect of Complainants Mangaleshwari at Rs.878/- p.m, Mahadevappa at Rs.536/- p.m, Shankarappa at Rs.1,543/- p.m, Halappa at Rs.1,609/- p.m, Rudramurthy at Rs.1,543/- p.m, Parameshwarappa at Rs.1,473/- p.m, Kamashettappa at Rs.933/- p.m, Jayanna at Rs.1,638/- p.m, Boregowda at Rs.2,199/- p.m, Venkatesh Naik at Rs.836/- p.m respectively, yet the Forum below failed to consider the pension fixed by OP.1, directed OP.1 to recalculate the pension as per clause 12(3) of Employees Provident Fund Scheme (EPFS) by giving weightage of two years and awarded interest at 12% p.a. and directed to pay Rs.3,000/- each to the Complainants towards cost of litigations. Learned counsel submits that OP.1/Appellant before fixing pension as stated has already given two years of weightage as per clause 12(3) of EPFS 1995 was not at all considered by the forum below and the forum below fails to take pain to examine the contentions of the OP.1/appellant. Let us examine the impugned order, wherein we could see, Complainants have particulars about their joining date, date of retirement and their entitlement for pension to be fixed by OP.1 at Rs.878/-, Rs.536/-, Rs.1,543/-, Rs.1,609/-, Rs.1,543/-, Rs.1,473/-, Rs.933/-, Rs.1,638/-, Rs.2,199/- and Rs.836/- respectively. In this regard OP.1/Appellant submits that the order is already implemented, as such pension fixed and credited such amount to their respective accounts was not considered by the Forum below has some considerable force.
- In the above such circumstances, in our view passing impugned order directing OP.1 to recalculate the pension as per clause 12(3) of EPFS 1995 by giving weightage of two years to all the Complainants does not survive for consideration. In such conclusion, Commission proceed to allow all the appeals. Consequently set aside the common order dtd.17.05.2017 passed in CC/122 to 131/2016 by District Forum, Tumakuru, However, we direct OP.1/Appellant to pay Rs.3,000/- each to the respective Complainants towards cost of litigation, since we could not find as to the implementation of the order is either prior or after filing of the case or it is not known whether it was communicated to the complainants.
- It is submitted by learned counsel for the Appellant that Rs.1,500/- is already deposited before the Commission is directed to be transferred to the Commission below to make good towards the cost awarded in favour of each of the Complainants. The Complaints are dismissed as against OP.2.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* | |
