BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BAGALKOT
Date of Order : 11-08-2017
PRESENT
Smt K.Sharada B.A.L.L.B (Spl) : Hon’ble President
Smt Sumangala. Hadli B.A.Music : Lady Member
Shri Shravanakumar. D. Kadi M.Com L.L.B. (Spl) : Member
COMMON ORDERS IN C.C.Nos
C.C.No104/2015 to 110/2015, 122/2015 to 126/2015, C.C.No.128/2015 & 130/2015 to 135/2015, 140/2015 and C.C.No.141/2015
Consumer Complaint No: 104/2015
Date of Admission: 02-12-2015
COMPLAINANT
1) Shri Veeresh S/o Veerabadhrappa Hullalli
Age: 59 Years Occ : Rtd KSRTC Employee
R/o Basava Nagar, Hunagund,
Tq : Hunagund Dist ; Bagalkot
Consumer Complaint No: 105/2015
Date of Admission: 02-12-2015
COMPLAINANT
1) Shri Hanamappa Yallappa Rolli
Age: 65 Years Occ : Rtd Employee of
Bagalkot Cement Industries Ltd,Bagalkot
R/o Sidrameshwar Badawane
Ward No 3, House No 1989,
Gaddanakeri,
Tq & Dist Bagalkot
Consumer Complaint No: 106/2015
Date of admission: 02-12-2015
COMPLAINANT
1) Shri Basavaraj S/o Ayyapayya Salimath
Age: 64 Years Occ : Rtd KSRTC Employee
R/o Ilakal Tq : Hunagund
Dist : Bagalkot
Consumer Complaint No: 107/2015
Date of admission :02-12-2015
COMPLAINANT
1) Shri Sangayya S/o Basalingayya Nadavinamath
Age: 64 Years Occ : Rtd Employee of KSRTC
R/o Gorabal Tq: Hunagund
Dist : Bagalkot
Consumer Complaint No: 108/2015
Date of admission : 02-12-2015
COMPLAINANT
1) Shri Manappa S/o Prabhu Badiger
Age: 62 Years Occ : Rtd KSRTC Employee
R/o & Tq :hunagund
Dist: Bagalkot
Consumer Complaint No: 109/2015
Date of admission: 02-12-2015
COMPLAINANT
Shri Amarappa S/o Sanganabasappa Merakor
Age: 59 Years Occ : Rtd KSRTC Employee
R/o Marol Tq:Hunagund
Dist: Bagalkot
Consumer Complaint No: 110/2015
Date of admission: 02-12-2015
1) Shri Ahammedsab S/o Meerasab Mulla
Age: 63 Years, Occ : Retired KSRTC Employee,
R/o Ilaka Tq : Hunagund ,Dist: Bagalkot
Consumer Complaint No: 122/2015
Date of Admission: 09-12-2015
COMPLAINANT
1) Shri Siddappa S/o Rangappa Korti
Age: 68 Years Occ: Retd KSRTC Employee
R/o Shirur
Tq & Dist: Bagalkot.
Consumer Complaint No: 123/2015
Date of Admission: 09-12-2015
COMPLAINANT
1) Shri Chidambar Kulkarni
Age: 60 Years Occ: Retd KSRTC Employee
R/o House No 637 Gayatri Nilaya,
Saptagiri Badawane, Gaddanakeri,
Tq :Dist Bagalkot.
Consumer Complaint No: 124/2015
Date of Admission: 09-12-2015
COMPLAINANT
1) Shri Ashok S/o Shankar Patange
Age: 64 Years Occ: Retd KSRTC Employee,
R/o Sector No 34 Plot No 16 D Opp: Police Palace
Navanagar, Bagalkot.
Consumer Complaint No: 125/2015
Date of Admission: 09-12-2015
COMPLAINANT
1) Shri Shrishaila S/o Shekharappa Hadimani
Age: 67 Years Occ: Retd KSRTCEmployee,
R/o House No 516, Ward No1, Near Killa
Chawadi, Bagalkot,
Tq & Dist: Bagalkot.
Consumer Complaint No: 126/2015
Date of Admission: 09-12-2015
COMPLAINANT
1) Shri Abdularazak S/o Mahammedhaneef Bijapur
Age: 64 Years Occ: Retd Employee of Bagalkot Cement
Industries
R/o Jayanagar Badawane,
Muchakhandi Cross,Bagalkot
Tq & Dist: Bagalkot.
Consumer Complaint No: 128/2015
Date of Admission: 14-12-2015
COMPLAINANT
1) Shri Dayappa S/o Nagappa Hosamani
Age: 69 Years Occ: Retd Employee of KSRTC,
R/o Near Railway Station,Laxmi Temple,
Bagalkot, Tq & Dist: Bagalkot.
Consumer Complaint No: 130/2015
Date of Admission: 14-12-2015
COMPLAINANT
1) Pandurang S/o Hanamantappa Hosakoti
Age: 69 Years Occ: Rtd KSRTC Employee
R/o C/o Vinayak Gift Center, Near Engineering
College Circle, 19th Cross, Vidyagiri, Bagalkot
Tq & Dist: Bagalkot.
Consumer Complaint No: 131/2015
Date of Admission: 14-12-2015
COMPLAINANT
1) Shri Shamaji S/o Shivaji Savant
Age: 65 Years Occ: Retd KSRTCEmployee,
R/o Sector No 42 Navanagar, Bagalkot
Tq: & Dist: Bagalkot.
Consumer Complaint No: 132/2015
Date of Admission: 14-12-2015
COMPLAINANT
1) Shri Basalingappa S/o Veerabappa Hullalli
Age: 62 Years Occ: Retd KSRTC Employee,
R/o Hunagund,
Tq : Hunagund, Dist: Bagalkot.
Consumer Complaint No: 133/2015
Date of Admission: 14-12-2015
COMPLAINANT
1) Shri Janappa S/o Rayappa Dhalabhanjan
Age: 60 Years Occ: Retd KSRTC Employee,
R/o Bagalkot Dist: Bagalkot.
Consumer Complaint No: 134/2015
Date of Admission: 14-12-2015
COMPLAINANT
1) Shri Nagappa S/o Siddappa Jalageri
Age: 64 Years Occ: Retd Employee of Bagalkot
Cement Industries,
R/o Bannidinni
Tq : & Dist: Bagalkot.
Consumer Complaint No: 135/2015
Date of Admission: 14-12-2015
COMPLAINANT
1) Shri Parappa S/o Ayyappa Kumbar
Age: 64 Years Occ: Retd KSRTC Employee
R/o Gonal S.K
Tq : Hunagund Dist: Bagalkot.
Consumer Complaint No: 140/2015
Date of Admission: 17-12-2015
COMPLAINANT
1) Shri Chandappa S/o Somappa Kolkar
Age: 64 Years Occ: Retd Employee of Bagalkot
Cement Industries,
R/o Ganga Math Nilay House No 102
Venkatagiri, Gaddanakeri
Tq : & Dist: Bagalkot.
Consumer Complaint No: 141/2015
Date of Admission: 17-12-2015
COMPLAINANT
1) Shri Abdulkhadar S/o Imamasab Bevoor
Age: 64 Years Occ: Retd KSRTC Employee
R/o Asaragalli Near Old Anjuman High School
Killa Bagalkot
Tq : & Dist: Bagalkot.
(C.C.No 104/2015 to 110/2015 and C.C.No 122 to 126/2015, C.C.No 128/2015 & 130/2015 to 135/2015, 140 and 141 of 2015 By Shri B.K.Patil Advocate)
V/s
OPPOSITE PARTIES
1) The Assistant Provident Fund
Commissioner, Sub Regional Office,
Sath Kacheri Road,Garaladinni Complex,
2nd Floor, Raichur-584102.
(C.C.No 104/2015 to 110/2015,122/2015 to 126/2015, 128/2015 & 130/2015 to 135/2015,140/2015 and 141/2015 By Smt J.V.Badami Advocate)
2) The Divisional Controller,
N.W.K.R.T.C.Bagalkot Division,
Divisional Office Navanagar
Bagalkot.
(Op No 2 in C.C.No 104/2015, 106/2015 to 110/2015, 122/2015, 130,132,135 and 141/2015 By Shri S.S.Dongare Advocate)
( OP No.2 in C.C.No 123,124, 125, C.C.No 128,131, and 133/2015 Shri. K.V.Kerur Advocate)
3) The General Manager,
Bagalkot Cement Industries Ltd, Bagalkot
Extension Area, Bagalkot
(Op No 2 in C.C.No 105/2015,126/2015,
134/2015, 140/2015 In person)
COMMON ORDER
By Sri Shravanakumar. D. Kadi, Member.
All these cases are filed by the above complainants are filed U/Sec 12 of the Consumer Protection Act 1986 (Herein after referred to as the “Act”) against the Opposite parties(in Short the Ops) for directing the Op No 1 to revise their monthly pension by extending the minimum assured benefit both in respect of past and present service with effect from the date of the retirement and to pay the arrears with 12% interest and also to give two years of weightage and also to give annual relief from Retirement till today and to pay the regular Monthly pension continuously etc.
In all these cases involved a common question of law and fact these cases are taken together for disposal by passing a common order.
That the Complainants’ Counsel stated in the year 2014 and 2015, it came to the knowledge of the complainant’s through one of their colleagues that there are errors in the calculation of pension fixed to them. It also came to their knowledge that pension paid to them are lesser one that the Complainants are entitled. Immediately the Complainants have given representations to the Opposite party for the revision of the monthly pension but the Opposite party failed to comply the same.
It is further stated that, all the Complainants were working as employee under Op No 2 from different dates and while they were in service they were the members of “The Employees of Family Pension Scheme 1971” (for short1971 Scheme)and making contribution towards the Scheme and later on “The Employees Pension Scheme 1995”(for Short”1995 Scheme”) was introduced and brought into force with effect from 16th day November of 1995 which was compulsory one and after commencement of the said 1995 scheme all the complainants continued to be the members of the scheme by making monthly contribution and subsequently they retired from services. Op No1 which is common in all these cases is functioning under the “Employees provident Fund and Miscellaneous Act 1952 and fixed the monthly pension of all the complainants. But however now the complainants have came to know that the fixation of their pension is not in accordance with the scheme and they have not been given two years of weightage as per the 1995 scheme in spite of their repeated request and issuance of the notice and this amounts to deficiency in service and further it is also alleged that the Op No1 has not given the Annual Relief which is to be given under Paragraph 32 the 1995 scheme etc., and hence complainants have prayed for giving necessary direction to the Op No1 to pay the following reliefs:-
a) To revise the monthly pension by extending the minimum assured benefits both in respect of past and present service with effect from the date of the retirement of the complainants and to pay arrears with interest at the rate of 12% p.a.
b) To revise the monthly pension by extending the weightage of two years with effect from the date of the retirement of the complainants and to pay arrears with interest at the rate of 12% p.a.
c) To pay the arrears accumulated by the complainants till the date of filing the complaints including interest at the rate of 12%p.a.
d) To give annual relief from 2001 to till this financial year and to pay the arrears as per the memo of calculation with interest at 12% p.a.
e) Pass the order to continue to pay the monthly pension to the complainants as per the scheme in revised scale and also claimed such other and further reliefs.
f) Pass the order to pay cost of Rs 10,000/- and also to award the compensation towards mental Agony.
For the purpose of convenience we would like to incorporate the memo of calculation supplied by the complainants which is part of the complaint under Annexure –“A” which is as under;
Memo of Calculation in C.C.No.104/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Veeresh S/o Veerbhadharappa Hullalli |
-
| Date of Birth | -
|
-
| Date of Joining EPF | |
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 39 Years |
-
| Pay as on 15-11-1995 | Rs 2499/- |
-
| Past Service Period | 15 years 3 Months 15 days |
-
| Present Service Period | 18 years 04 Months 18 days |
-
| Pensionable Salary | Rs 6500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 18 years Present Service+2 years weightage service
70
=Rs 1857/-.
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 39 years.
58 years – 39 years = 19 years
Therefore factor shown in the Table B at the column “less than 19 years = 5.810 is applicable. Since the past service of Complainant is 16 years, multiplier 120 is applicable.
5.810 X120 = 697.2/-.
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs 1857/- + 697.2=2554.2/-
Entitled amount Rs 254.2/-
Paid amount Rs 2205/-
Difference Rs 349.2/-
From 03/04/2014 to 03/11/2015 = 19 months
349.2 X 19 Months =553/-
Rs 6634.8/-+ 12% interest p.a.i.e Rs 553/- = 7187/-
Memo of Calculation in C.C.No.105/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Hanamappa Rolli |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 44 Years |
-
| Pay as on 15-11-1995 | Rs 3224/- |
-
| Past Service Period | 22 Years |
-
| Present Service Period | 13 Years 6 months |
-
| Pensionable Salary | Rs 4323/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
4323/- X 14 years Present Service+2 years weightage service
70
=Rs 1486/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 44 years.
58 years – 44 years = 14 years
Therefore factor shown in the Table B at the column “less than 14 years = 3.621 is applicable. Since the past service of Complainant is 22 years, multiplier 170 is applicable.
3.621 x 170 = 616/-.
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs 1486/- + 616=2102/-
Entitled amount Rs 2102/-
Paid amount Rs 1221/-
Difference Rs 881/-
From 01-06-2009 to 01-05-2015 = 71 months
881 X 71 Months =62551/-
Rs 62551/-+ 12% interest p.a.i.e Rs 31275.48/- = 93826.48/-
Memo of Calculation in C.C.No.106/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Basavaraj S/o Ayyappayya Salimath |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 46 Years |
-
| Pay as on 15-11-1995 | Rs 5000/- |
-
| Past Service Period | 15 Years |
-
| Present Service Period | 12 Years |
-
| Pensionable Salary | Rs 6500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 12 years Present Service+2 years weightage service
70
=Rs 1300/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 46 years.
58 years – 46 years = 12 years
Therefore factor shown in the Table B at the column “less than 12 years = 2.992 is applicable. Since the past service of Complainant is 15 years, multiplier 135 is applicable.
2.992 x 135 = 404/-.
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs 1300/- +404/-= 1704/-
Entitled amount Rs 1704/-
Paid amount Rs 1453/-
Difference Rs 251/-
From 01/06/2007 to 01-11-2015 = 103 months
251 X 103 Months = 25853
Rs 25853/- + 12% interest p.a. i.e Rs 17235/- = 43088/-
Memo of Calculation in C.C.No.107/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Sangayya S/o Basalingayya Nadavinamath |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 41 Years |
-
| Pay as on 15-11-1995 | Rs 3607/- |
-
| Past Service Period | 19 Years |
-
| Present Service Period | 13 Years 8 Months 7 Days (14 Years) |
-
| Pensionable Salary | Rs 6500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 14 years Present Service+2 years weightage service
70
=Rs 1486/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 44 years.
58 years – 44 years = 14 years.
Therefore factor shown in the Table B at the column “less than 14 years 3.621 is applicable. Since the past service of complainant is 14 years,multiplier 135 is applicable.
3.621 x 135 = 489/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs 1486/- + 489 = 1975/-
Entitled amount Rs 1975/-
Paid amount Rs 1589/-
Difference Rs 386/-
From 30/072009 to 01/08/2015 = 73 months
386 X 73 Months = 28178
Rs 28178/- + 12% interest p.a.i.e Rs 14089/- = 42267/-
Memo of Calculation in C.C.No.108/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Manappa S/o Prabhu Badiger |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 42 Years |
-
| Pay as on 15-11-1995 | Rs 3039/- |
-
| Past Service Period | 14 Years |
-
| Present Service Period | 15 Years |
-
| Pensionable Salary | Rs 6500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 18 years Present Service+2 years weightage service
70
=Rs 1671/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 42 years.
58 years – 42 years = 16 years
Therefore factor shown in the Table B at the column “less than 16 years =4.381 is applicable. Since the past service of complainant is 14 years, multiplier 105 is applicable.
4.381 x 150 = 460/- .
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs 1671+460 = 2131/-
Entitled amount Rs 2131/-
Paid amount Rs 1762/-
Difference Rs 369/-
From 31/05/2011 to 01/11/2015 = 54 months
369 X 54 Months = 19926/-
Rs 19926/- + 12% interest p.a. i.e Rs 6642/- = 26,568/-
Memo of Calculation in C.C.No.109/2015
Sl No | | |
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| PPO No | -
|
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| Name of the Member | Shri Amarappa S/o Sanganabasappa Merakor |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
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| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 39 Years |
-
| Pay as on 15-11-1995 | Rs 2225/- |
-
| Past Service Period | 8 Years 3 Months |
-
| Present Service Period | 18 Years 3 Months 19 Days |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 18 years Present Service+2 years weightage service
70
=Rs 1857/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 39 years.
58 years – 39 years = 19 years.
Therefore factor shown in the Table B at the column “less than 19 years = 5.810is applicable. Since the past service of complainant is 9 years, multiplier 80 is applicable.
5.810 x 80 = 465/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs 1857+465 = 2322
Entitled amount Rs 2322
Paid amount Rs 2027
Difference Rs 295
From 04/04/2003 to 04-11-2015 = 137 months
295 X 19 Months =5605/-
Rs 5605/- + 12% interest p.a.i.e Rs 467/- = 6072/-
Memo of Calculation in C.C.No.110/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Ahammedsab S/o Meerasab Mulla |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 43 Years |
-
| Pay as on 15-11-1995 | Rs 1239/- |
-
| Past Service Period | 8 Years 4 Months 14 Days |
-
| Present Service Period | 14 Years 6 Months 16 Days (15 Years) |
-
| Pensionable Salary | Rs 5957/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
5957/- X 15 years Present Service+2 years weightage service
70
=Rs 1579/-.
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 43 years.
58 years – 43 years = 15 years.
Therefore factor shown in the Table B at the column “less than 15 years= 3.983 is applicable. Since the past service of complainant is 9 years, multiplier 80 is applicable.
3.983 X80 =319/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs 1579+319= 1898/-
Entitled amount Rs 1898/-
Paid amount Rs 1400/-
Difference Rs 498/-
From 01/06/2010 to 01-11-2015 = 65months
498 X 65 Months = 32370/-
Rs 32370/- + 12% interest p.a.i.e Rs 13487/- = 45,857/-
Memo of Calculation in C.C.No. 122/2015
Sl No | | |
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| PPO No | -
|
-
| Name of the Member | Shri Siddappa S/o Rangappa Korti |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 47 Years |
-
| Pay as on 15-11-1995 | Rs 5000/- |
-
| Past Service Period | 21 Years |
-
| Present Service Period | 11 Years |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6,500/- X 11 years Present Service+2 years weightage service
70
=Rs 1207/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 47 years.
58 years – 47 years = 11 years.
Therefore factor shown in the Table B at the column “less than 11 years = 2.720 is applicable. Since the past service of complainant is 21 years, multiplier 170 is applicable.
2.720 X 170 = 462.4/-.
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1207/-+ 462.4/-= 1669.4
Entitled amount Rs 1669.4/-
Paid amount Rs 1335/-
Difference Rs 334.4/-
From 01/06/2006 to 01/10/2015 = 112 months
334.4 X 112 Months = 37452/-
Rs 37452/-+12% interest Pa.Rs 28098/- = 65,550/-
Memo of Calculation in C.C.No.123/2015
Sl No | | |
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| PPO No | -
|
-
| Name of the Member | Shri Chidambar Kulkarni |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 39 Years |
-
| Pay as on 15-11-1995 | Rs 3444/- |
-
| Past Service Period | 7 Years 8 Months 24 Days |
-
| Present Service Period | 18 Years 06 Months 16 Days Years |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 18 years Present Service+2 years weightage service
70
=Rs 1857/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 39 years.
58 years – 39 years = 19 years.
Therefore factor shown in the Table B at the column “less than 19 years = 5.810 is applicable. Since the past service of complainant is 8 years, multiplier 85 is applicable.
5.810 X 85 = 494
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
1857+ 494 = 2351/-
Entitled amount Rs 2351/- P.M.
Paid amount Rs 1961/- P.M.
Difference Rs. 390/-
Rs.390 X 17 months (from 31/05/2014 to 01/10/2015) = Rs 6630/- + 12% p.a. i.e. Rs.533/- = Rs.7183/-
Memo of Calculation in C.C.No.124/2015
Sl No | | |
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| PPO No | -
|
-
| Name of the Member | Shri Ashok S/o Shankar Patange |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 43 Years |
-
| Pay as on 15-11-1995 | Rs 3663/- |
-
| Past Service Period | 13 Years 4 Months 5 Days |
-
| Present Service Period | 14 Years 06 Months 16 Days |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6,500/- X 15 years Present Service+2 years weightage service
70
=Rs 1579/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 43 years.
58 years – 43 years = 15 years.
Therefore factor shown in the Table B at the column “less than 15 years = 3.983 is applicable. Since the past service of complainant is 14 years, multiplier 105 is applicable.
3.983 X 105 = 418.42/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1579 + 418.42= 1997.42
Entitled amount Rs 1997.42/-
Paid amount Rs 1669/-
Difference Rs /- 328.42
From 01/06/2010 to 01/10/2015 = 64 Months
328.42 X 64 Months = 21019
Rs 21019/- + 12% interest p.a.i.e Rs 8760/- = 29779/-
Memo of Calculation in C.C.No.125/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Shrishail S/o Shekharappa Hadimani |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 48 Years |
-
| Pay as on 15-11-1995 | Rs 4363/- |
-
| Past Service Period | 20 Years |
-
| Present Service Period | 5 Years 5 Months |
-
| Pensionable Salary | Rs 4918/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
4918/- X 6 years Present Service+2 years weightage service
70
=Rs 743/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 48 years.
58 years – 48 years = 10 years.
Therefore factor shown in the Table B at the column “less than 10 years = 2.473 is applicable. Since the past service of complainant is 20 years, multiplier 170 is applicable.
2.473 x 170 = 420.41/-.
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs 743 + 420.41= 1163.41/-
Entitled amount Rs 1163.41/-
Paid amount Rs 858/-
Difference Rs 305.41/-
From 18/04/2001 to 03/08/2015 = 172 months
305.41 X 172 Months = 52530/-
Rs 52530/- + 12% interest p.a.i.e Rs 61286/- = Rs 1,13,816/-
Memo of Calculation in C.C.No 126/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Abdul Razak Bijapur |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 46 Years |
-
| Pay as on 15-11-1995 | Rs 2501/- |
-
| Past Service Period | 24 Years |
-
| Present Service Period | 11 Years 6 months 15 Days |
-
| Pensionable Salary | Rs 6084/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6084/- X 15 years Present Service+2 years weightage service
70
=Rs 1300/-.
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 46 years.
58 years – 46 years = 15 years.
Therefore factor shown in the Table B at the column “less than 12 years = 2.992 is applicable. Since the past service of complainant is 24 years, multiplier 170 is applicable.
2.992 x 170 = 508.64 /-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1300+508.64 = 1808.64
Entitled amount Rs 1808.64/-
Paid amount Rs /-1318
Difference Rs 490.64/-
From 01/06/2007 to 01/10/2015 = 100 months
491 X 100 Months = 49100/-
Rs 49100/- + 12% interest p.a.i.e Rs 32736/- = Rs 81836/-
Memo of Calculation in C.C.No.128/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Dyavappa S/o Nagappa Hosamani |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 52 Years |
-
| Age as on 16-11-1995 | 44 Years |
-
| Pay as on 15-11-1995 | Rs 5000/- |
-
| Past Service Period | 17 Years |
-
| Present Service Period | 7 Years 6 Months 27 Days |
-
| Pensionable Salary | Rs 6494/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6494/- X 08 years Present Service+2 years weightage service
70
=Rs 929/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 44 years.
58 years – 44 years = 14 years.
Therefore factor shown in the Table B at the column “less than 14 years 3.621 is applicable. Since the past service of complainant is 17 years, multiplier 135 is applicable.
3.621 x 135 = 489/-.
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.929+489 = 1418/-
Entitled amount Rs 1418/-
Paid amount Rs 951/-
Difference Rs 467/-
From 14/06/2003 to 04-08-2015 = 40 months
467 X 146 Months = 68182/-
Rs 68182/- + 12% interest p.a.i.e Rs 68184/- = 136366/-
Memo of Calculation in C.C.No.130/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Pandurang Hanamantappa Hosakoti |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 49 Years |
-
| Pay as on 15-11-1995 | Rs 2501/- |
-
| Past Service Period | 21 Years 3 Months 28 Days |
-
| Present Service Period | 8 Years 3 Months 28 Days |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 9 years Present Service+2 years weightage service
70
=Rs 1021/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 49 years.
58 years – 9 years = 49 years.
Therefore factor shown in the Table B at the column “less than 9 years 2.248 is applicable. Since the past service of complainant is 21 years, multiplier 170 is applicable.
2.248 x 170 = 382.16/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1021+382.16 = 1403.16/-
Entitled amount Rs 1403.16/-
Paid amount Rs 1125/-
Difference Rs 278.16/-
From 15/03/2004 to 03/08/2015 = 137 months
278.16 X 137 Months = 38108/-
Rs 38108 + 12% interest p.a.i.e Rs 34936/- = 73044/-
Memo of Calculation in C.C.No.131/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Shamaji S/o Shivaji Savant |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 52 Years |
-
| Age as on 16-11-1995 | 45 Years |
-
| Pay as on 15-11-1995 | Rs 4000/- |
-
| Past Service Period | 17 Years |
-
| Present Service Period | 6 Years 9 Months 10 Days |
-
| Pensionable Salary | Rs 4485/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
4485/- X 7 years Present Service+2 years weightage service
70
=Rs 836/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 45 years.
58 years – 45 years = 13 years.
Therefore factor shown in the Table B at the column “less than 13 years 3.292 is applicable. Since the past service of complainant is 17 years, multiplier 135 is applicable.
3.292 x 135 = 444.42/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.836+ 444.42 =1280.42
Entitled amount Rs 1280.42/-
Paid amount Rs 781/-
Difference Rs 499.42/-
From 27/08/2002 to 01/10/2015 = 158 months
499.42 X 158 Months = 78908/-
Rs 78908/- + 12% interest p.a.i.e Rs 85488/- = 164396/-
Memo of Calculation in C.C.No.132 /2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Basalingappa S/o Veerabadrappa Hullalli |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 41 Years |
-
| Pay as on 15-11-1995 | Rs 2499/- |
-
| Past Service Period | 11 Years 8 Months 15 Days |
-
| Present Service Period | 16 Years 2 Months 19 Days |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 17 years Present Service+2 years weightage service
70
=Rs 1764/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 41 years.
58 years – 41 years = 17 years.
Therefore factor shown in the Table B at the column “less than 17 years 4.819 is applicable. Since the past service of complainant is 12 years, multiplier 95 is applicable.
4.819 x 95 = 458/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1764+458 = 2222/-
Entitled amount Rs 2222/-
Paid amount Rs 1745/-
Difference Rs 477/-
From 04/02/2012 to 04/10/2015 = 44 months
477 X 44 Months = 20988/-
Rs 20988 + 12% interest p.a.i.e Rs 5247/- = 26235/-
Memo of Calculation in C.C.No 133/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Janappa S/o Rayappa Dhalabhanjan |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 40 Years |
-
| Pay as on 15-11-1995 | Rs 1802/- |
-
| Past Service Period | 4 Years 6 Months 25 Days |
-
| Present Service Period | 17 Years 3 Months 17 Days |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6500/- X 18years Present Service+2 years weightage service
70
=Rs 1857/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 40 years.
58 years – 40 years = 18 years.
Therefore factor shown in the Table B at the column “less than 18 years 5.301 is applicable. Since the past service of complainant is 05 years, multiplier 80 is applicable.
5.301 x 80 = 424.08/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1857+424.8 = 2281.08/-
Entitled amount Rs 2281.08/-
Paid amount Rs 1686/-
Difference Rs 595.08/-
From 04/04/2013 to 04-12-2015 = 32 months
595.08X 32 Months = 19043/-
Rs 19043/- + 12% interest p.a.i.e Rs 3174/- = 22217/-
Memo of Calculation in C.C.No. 134/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Nagappa S/o Siddappa Jalageri |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 43 Years |
-
| Pay as on 15-11-1995 | Rs 3302/- |
-
| Past Service Period | 11 Years 3 Months 29 Days |
-
| Present Service Period | 14 Years 7 Months 29 Days |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6,500/- X 15 years Present Service+2 years weightage service
70
=Rs 1579/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 43 years.
58 years – 43 years = 15 years.
Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of complainant is 12 years, multiplier 105 is applicable.
3.983 x 105 = 418.21/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1579+418.21 = 1997.21/-
Entitled amount Rs 1997.21/-
Paid amount Rs 1554/-
Difference Rs 443.21/-
From 16/07/2010 to 16/10/2015 = 63 months
443.21 X 63 Months = 27923/-
Rs 27923 + 12% interest p.a.i.e Rs 11635/- = 39558/-
Memo of Calculation in C.C.No. 135/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Parappa S/o Ayyappa Kumbar |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 44 Years |
-
| Pay as on 15-11-1995 | Rs 2501/- |
-
| Past Service Period | 17 Years |
-
| Present Service Period | 13 Years 2 Months 29 Days |
-
| Pensionable Salary | Rs 6,500/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6,500/- X 14 years Present Service+2 years weightage service
70
=Rs 1486/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 44 years.
58 years – 44 years = 14 years.
Therefore factor shown in the Table B at the column “less than 14 years 3.621 is applicable. Since the past service of complainant is 17 years, multiplier 135 is applicable.
3.621 x 135 = 489/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1486+489 = 1975/-
Entitled amount Rs 1975/-
Paid amount Rs 1589/-
Difference Rs 386/-
From 16/02/2009 to 03/08/2015 = 78 months
386 X 78 Months = 30108/-
Rs 30108 + 12% interest p.a.i.e Rs 15054/- = 45162/-
Memo of Calculation in C.C.No. 140/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Chandrappa Kolakar |
-
| Date of Birth | -
|
-
| Date of Joining EPF | -
|
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 43 Years |
-
| Pay as on 15-11-1995 | Rs 2501/- |
-
| Past Service Period | 24 Years |
-
| Present Service Period | 14 Years 6Months 15 Days |
-
| Pensionable Salary | Rs 6,185/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
6185/- X 15 years Present Service+2 years weightage service
70
=Rs 1579/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 43 years.
58 years – 43 years = 15 years.
Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of complainant is 24years, multiplier 170 is applicable.
3.983 x 170 = 677.11/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1579+677.11 = 2256.11/-
Entitled amount Rs 2256.11/-
Paid amount Rs 1668/-
Difference Rs 588.11/-
From 01/06/2010 to 03/08/2015 = 62 months
588.11 X 62 Months = 36463/-
Rs 36463 + 12% interest p.a.i.e Rs 15195/- = 51658/-
Memo of Calculation in C.C.No.141/2015
Sl No | | |
-
| PPO No | -
|
-
| Name of the Member | Shri Abdulkhadar S/o Imamsab Bevoor |
-
| Date of Birth | -
|
-
| Date of Joining EPF | |
-
| Date of Exit | -
|
-
| Age at Exit | 58 Years |
-
| Age as on 16-11-1995 | 49 Years |
-
| Pay as on 15-11-1995 | Rs 2500/- |
-
| Past Service Period | 16 Years |
-
| Present Service Period | 8 Years 3 Months 16 Days |
-
| Pensionable Salary | Rs 2405/- |
- Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
2405/- X 9 years Present Service+2 years weightage service
70
=Rs 1021/-
- Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
Age of the complainant as on 15-11-1995 was 49 years.
58 years – 49 years = 9 years.
Therefore factor shown in the Table B at the column “less than 9 years 2.248 is applicable. Since the past service of complainant is 16 years, multiplier 120 is applicable.
2.248 x 120 = 270/-
As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-
Rs.1021+270 = 1291/-
Entitled amount Rs 1291/-
Paid amount Rs 708/-
Difference Rs 583/-
From 01/06/2004 to 01/05/2015 = 131 months
583 X 131 Months = 76373/-
Rs 76373 + 12% interest p.a.i.e Rs 70009/- = 146382/-
3) a) Op No 1 is the main contesting party in all the cases, Op No 1 Counsel filed Vakalat and submitted orally all these cases filed appeal in the Karnataka State Consumer Disputes Redressal Commission, Bangalore. But Opponent has not filed either appeal copy or Stay copy this Forum have to give sufficient time to opponent for produce the said copies then forum have to conclusion that op No 1 Objection not filed and evidence taken as nil
3 b) Op No 2 state that the undisputed fact are that all the complainants were the employees of Op No 2 and during their employment they became the members of 1971 scheme and making contribution and after enforcement of 1995 scheme they continued to be the members by making the monthly contribution and now they have retired from service and Op No 1 has determined the pension payable to them. That after the retirement of the complainants from the services, the Op No 2 has submitted all necessary service particular of the complainant to the office of the Op No 1.Hence has prayed for the complaints against this Opponent may kindly be dismissed with cost.
4. Complainant has filed affidavit in lien of evidence and he has also produced some documents as per Annexure which are common and undisputed one therefore there is no need to go in-detail about the documents.
Heard arguments of both the sides.
5. Now the points that arise for our consideration are;
- Whether the complainants are entitled to the relief as is
Sought for?
- What Order?
Answers to the above Points:-
- Affirmative.
- As per final order.
REASONS
6. Point No 1:-
In all the cases the opposite party is one and the same though the complainants are different from one case to the other. The subject matter, the question of law and facts involved are one and the same. In order to avoid repetition of the facts and reasons and also to save the time we have taken up all the complaints together for passing common order as follows:-
That the Op No 1 has submitted orally all these cases filed appeal in the Karnataka State Consumer Disputes Redressal Commission, Bangalore for the purpose of transfer of all these cases. But Opponent has not filed either appeal copy or Stay copy this Forum have to give sufficient time to opponent for produce the said copies then forum have to conclusion that Op No 1 Objection not filed and evidence taken as nil.
First of all we have to consider as to whether the service given by op No 1 is a service as is defined U/sec 2(1)(o) of the Act and as to whether the complainants are the Consumers U/sec 2(1) (d) (ii) of the Act. In this regard we would like to refer the decision of the Hon’ble Supreme Court of India reported in 2008 CTJ 563 (Between Regional Provident Fund Commissioner V/s Bhavani wherein it has been held as under;
“The Regional Provident Fund Commissioner, who has been made responsible for working of the Employees Pension Scheme,1995 is a Service giver within the meaning of section 2 (1)(o) of the consumer Protection Act and the Pensioner availing his services comes squarely under the definition of “consumer” under its Section 2(1)(d)(ii)”. Therefore, we have no hesitation to hold that all the complainants are the Consumers U/Sec 2(1)(d)(ii) of the Act and the service given by the Op No 1 is a service U/Sec2(1)(o) of the Act.
Further observed that, the period of limitation starts from the date on which the pensioners came to know that the pension that is being fixed/paid by the Op No 1 is erroneous. That means, when there is continuing wrong/recurring wrong, in such cases the cause of action starts from the date of knowledge not otherwise. When there is continuing wrong/recurring wrong, in such cases the cause of action starts from the date of knowledge. Therefore, the I.A. filed by the complainants in all the cases hereby allowed and we hold that there is no delay and question of limitation does not arise.
No doubt those, the Complainants in all these cases are the former employees of KSRTC, Bagalkot Cement Co Ltd., and after serving the above for a good number of years who retired from the service on attaining their age of superannuation. While they are in service, provident fund amount was being deducted out of the salary of the Complainants.
The interpretation of Para 12(4) (a) and (b) and Para 12(4) of 1971 scheme was considered by Hon’ble High Court of Karnataka in a case of K. Chennakesavalu V/s The Employee Provident Fund organization, Rep by its Commissioner, New Delhi and others in a case reported in ILR 2004 KAR 2859 and the Hon’ble High Court of Karnataka has held as under;
“In so for as past service in terms of Para 12 (4) (b) it provides for a minimum of Rs 600/- per month. It cannot be forgotten that Para 12 (4) (b) has to be read in the light of the main provision i.e.12 (4) itself. Para 12(4) provides for retirement benefits being equal to an aggregate of pension.”
As per the Paragraph No.10(2) of Employees Pension Scheme 1995 , it is necessary to give two years of weightage to the members who supernature on attaining the age of 58 years and who has rendered more than 20 pensionable service or more.
Further we noticed that, complainants in all the cases have put in more than 20 years of service and they are entitled for weightage of two years and the same not considered by the opposite party No 1.
On scrutiny of the material evidence available on record, we find that, admittedly the complaints were the employees of the KSRTC and some are Cement Factory, now all are retired from service either on superannuation or voluntarily.
In view of the above discussion, we hold that, the scheme 1995 is very clear and the law laid by the Hon’ble National commission and The Hon’ble state commission, Hon’ble District Forum judgments, at the same time the Hon’ble Supreme court of India also considered the same issue. However, we find that, the Op No 1 despite of holding many number of judgments in their hand forced these senior citizens i.e., National Consumer Disputes Redressal commission New Delhi 2010 (3) CPR page No 45, Supreme court page 3828,AIR 2008 Supreme court page 2957, III 2013 CPJ 244 (NC), copy of State Commission judgments, New Delhi II (2014) CPJ Page No 570 (NC). I (2008) CPJ Page 306 (NC) Provident Fund Commissioner V/s Sulekha National Consumer Disputes Redressal Commission, for that the op No 1 shall pay adequate compensation by way of interest. The Complainant is entitled for the interest on arrears at the rate of 12% p.a. in these cases the Hon’ble National Commission held that under the provision of the Employees pension Scheme 1995 it is mandatory to impose interest at the rate of 12% p.a. By considering the age of the Complainants and also the inconvenience caused to them for all these years, we hereby directed the Op No 1 as follows:-
The Op No 1 i.e. Asst. Provident fund commissioner, Regional office, Raichur is hereby directed to recalculate the pension payable to the complainants in complaint are entitled for the benefit of minimum pension calculated with reference to Para 12 and Table-B shown in the Employees’ pension Scheme 1995. The Hon,ble high court considered the similar facts of an employee directed the provident fund commissioner to correct the error. The above observation supported by the observation made by the Hon,ble High court of Karnataka in case K.Channakesavalu Versus the Employees provident Fund Organization represented by its commissioner, New Delhi and Others (ILR 2004 Kar 2859), wherein held that the pensioner are entitled for two years weightage under 10 (2) each complaint giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of the each Complainant along with arrears of pension with interest at the rate 12% per annum and also directed to the Op No 1 to give annual reliefs as per paragraph 32 of the scheme 1995 to all the Complainants from the respective due date along with the interest at 12 % per annum. Apart from the above the Op No 1 is hereby directed to pay Rs 2000/- each to the Complainant in all the cases towards cost of the litigation expenses payment shall be made within 60 days from the receipt of this order. With this we answer point No.1 Affirmative
As per as Op No 2 is concerned in all cases, there is no deficiency and hence the complainant against Op No 2 is hereby dismissed.
In the present case, interest considered by this forum itself is compensation and therefore, no separate amount for compensation is awarded
7) Point No 2:- In the result, we proceed to pass the following:-
ORDER
C.C.Nos.104/2015 to 110/2015, 122/2015 to 126/2015, 128/2015 & 130/2015 to 135/2015, 140/2015 and 141/2015 are allowed partly.
I) The Op No 1 i.e., Asst. Provident Fund Commissioner, Regional office, Raichur is hereby directed to recalculate the pension payable to the complainants in each complaint giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of the each complainants along with arrears of pension with interest at the rate of 12% per annum.
II) And also directed to the Op No 1 to give annual relief as per paragraph 32 of the scheme 1995 to all the complainants from the respective due date along with interest at 12% per annum.
III) Apart from the above Op No 1 is hereby directed to pay
Rs 2,000/- each to the complainant in all the cases towards cost of the litigation expenses, and mental agony. Payment shall be made within 2 months from the receipts of this order.
IV) Complaints against Op No 2 are hereby dismissed.
V) Keep the original orders in complaint No 104/2015 and copy in other connected cases and Opposite Party in all the cases are common. Since the complaints are 21 Nos., both the counsels are directed to receive the certified copies instead of free copies in order to save time.
(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 11th day of August 2017)
(Smt.Sharada.K) President. | (Smt.Sumangala.C. Hadli) (Shri S.D.Kadi) Lady Member. Member. |
ANNEXURE
Witnesses Examined on behalf of the complainants:-
1) Shri Veeresh S/oVeerabhadharappa Hullalli
2) Shri Hanamappa S/o Yallappa Rolli
3) Shri Basavaraj S/o Ayyapayya Salimath
4) Shri Sangayya S/o Basalingayya Nadavinamath
5) Shri Manappa S/o Prabhu Badiger
6) Shri Amarappa S/o Sanganabasappa Merakor
7) Shri Ahammedsab S/o Meerasab Mulla
8) Shri Siddappa S/o Rangappa Korti
9) Shri Chidambar Kulkarni
10) Shri Ashok S/o Shankar Patange
11) Shri Shrisail S/o Shekhrappa Hadimani
12) Shri Abdulrazak S/o Mahammedhaneef Bijapur
13) Shri Dyavappa S/o Nagappa Hosamani
14) Shri Pandurang S/o Hanamantappa Hosakoti
15) Shri Shamaji S/o Shivaji Savant
16) Shri Basalingappa S/o Veerabadrappa Hullalli
17) Shri Janappa S/o Rayappa Dhalabhanjan
18) Shri Nagappa S/o Siddappa Jalageri
19) Shri Parappa S/o Ayyappa Kumbar
20) Shri Chandrappa S/o Somappa Kolkar
21) Shri Abdulkhadar S/o Imamasab Bevoor
Documents produced on behalf of the Complainant in complaint No 104 of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the Op No 1
2) Xerox copy of Order copy of Op No 2
3) Xerox Copy of Copy of Representation
4) Ex C2:- Postal acknowledgement
Documents produced on behalf of the Complainant in complaint No 105 of 2015.
- Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
- Ex C2:-office Copy of Acknowledged copy of Representation
- Ex C3:- Postal Receipts
Documents produced on behalf of the Complainant in complaint No 106 of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox copy of order by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C2:- Postal Receipts
Documents produced on behalf of the Complainant in complaint No 107 of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Ex C2:- True copy of order by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C2:- Postal Receipts
Documents produced on behalf of the Complainant in complaint No 108 of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Ex C2:- office copy of order by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C3:- Postal Receipts
5) Ex C4:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No 109 of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox copy of order by Op No 2
3) Ex C2:- Office Copy of Acknowledged copy of Representation
4) Ex C3:- Postal Receipts
Documents produced on behalf of the Complainant in complaint No 110of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox copy of order by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C3:- Postal acknowledgment
5) Ex C4:- Postal Receipts
Documents produced on behalf of the Complainant in complaint No122of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of order by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
Documents produced on behalf of the Complainant in complaint No123of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Ex C2 :- Office Copy of Acknowledged copy of Representation
3) Ex C3:- Postal Receipts
Documents produced on behalf of the Complainant in complaint No124of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of order by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C2:- Postal Receipts
5) Ex C3:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No125of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Ex C2:- Postal Receipts
3) Ex C3:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No126of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of Acknowledged copy of Representation
3) Ex C2:- Postal Receipts
4) Ex C3:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No 128 of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of order by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C2:- Postal Receipts
Documents produced on behalf of the Complainant in complaint No130of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of Acknowledged copy of Representation
3) Ex C2:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No131of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of Acknowledged copy of Representation
3) Ex C2:- Postal acknowledgment
4) Ex C3:- Order copy of Op No2
Documents produced on behalf of the Complainant in complaint No132of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of Order Copy by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C2:- Postal Receipts
5) Ex C3:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No133of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of Order Copy by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C2:- Postal Receipts
5) Ex C3:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No134of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of Acknowledged copy of Representation
3) Ex C2:- Postal Receipts
4) Ex C3:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No135of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Xerox Copy of Order Copy by Op No 2
3) Xerox Copy of Acknowledged copy of Representation
4) Ex C2:- Postal Receipts
5) Ex C3:- Postal acknowledgment
Documents produced on behalf of the Complainant in complaint No140of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Ex C2:- Postal Receipts
3) Xerox Copy of Acknowledged copy of Representation
Documents produced on behalf of the Complainant in complaint No141of 2015.
1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
2) Ex C2:- Postal Receipts
3) Xerox Copy of Acknowledged copy of Representation