Karnataka

StateCommission

A/2076/2018

The Asst. Provident Fund Commissioner - Complainant(s)

Versus

Karadigowda.N. - Opp.Party(s)

Dinesh S.Kaldas

09 Feb 2023

ORDER

Date of Filing :14.12.2018

                                                              Date of Disposal : 09.02.2023

 

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

 

DATED:09.02.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH: PRESIDENT

 

 

APPEAL Nos. 2071/2018  to  2076/2018

 

 

The Asst. Provident Fund Commissioner
Employee's Provident Fund Organization,
Regional Office : Peenya,
No.62, 3^rd Cross, Industrial Suburb,
Yeshwanthapura 2^nd Stage,
Bengaluru – 560022.                                                               Appellant

(By Mrs Nandita Haldipur, Advocate)

(Appellant is same in all the Appeals)

 

Versus

 

1. Appeal No.2071/2018

1.  Mr Ramanna,
     S/o Mr Huliyappa,
     Aged about 54 years,

     Mylara, 3^rd Cross,
     New Extension,

     Devarayapatana,
     Tumakur
     (Mr T Ramaiah, Advocate for R1)

2.  The General Manager
     HMT Watch Factory-4,
     Devarayapatna,
     Tumakuru.                                                                Respondents
     (In person)

 

2. Appeal No.2072/2018

1.  Mr Savandaiah B,
     S/o Mr Bhadraiah,
     Aged about 63 years,
     Opp:KEB Office, Birla Road,
     Ammasandra, Turuvekere,
     Allappanakatter,

     Near Hadavanahalli (P),
     Tumakuru
     (Mr T Ramaiah, Advocate for R1)

2.  The Personnel Manager (HR)
     Cement Factory,

     Ammasandra,
     Turuvekere Tq.,

     Tumakuru District                                                    Respondents
     (In person)

3.  Appeal No.2073/2018

1.  Mr Chowdappa,
     S/o Late Ramappa,
     Aged about 58 years,
     R/at Trupti Nilaya,
     Puttanjaneya Temple Road,
     Kuvempu Nagar,

     Tumakuru-572103.
     (Mr T Ramaiah, Advocate for R1)

2.  The General Manager,
     HMT Watch Factory-4,
     Devarayapatna,
     Tumakuru                                                                 Respondents

     (In person)

                                     

4. Appeal No.2074/2018

1.  Mr Rajanna,
     S/o Mr Sannasiddaiah,
     Aged about 60 years,
     R/at Chakuvallipalya,
     Adavanahalli (P),

     Via Ammasandra,
     Turuvekere Tq,

     Tumakuru District.
     (Mr T Ramaiah, Advocate for R1)

2.  Personnel Manager (HR)
     Cement Factory,

     Ammasandra,
     Turuvekere Tq.,

     Tumakuru District                                                    Respondents

     (In person)

 

 

 

5. Appeal No.2075/2018

1.  Mr Naraimhaiah A S,
     S/o Late Sannappa,
     Aged about 58 years,
     R/at Appasandra,

     Advanahalli (P),
     Ammasandra,

     Turuvekere Tq,
     Tumakuru District – 572103.
     (Mr T Ramaiah, Advocate for R1)

2.  The Personal Manager (HR)
     Cement Factory,

     Ammasandra,
     Turuvekere Tq.,

     Tumakuru District                                                    Respondents
 

6. Appeal No.2076/2018

1.  Mr Karadigowda N,
     S/o Mr Nanjappa,
     Aged about 59 years,
     Arakere,
     Dondinashivara (P),
     Turuvekere Tq,

     Tumakuru District – 572103,
     (Mr T Ramaiah, Advocate for R1)

2.  The Personal Manager (HR)
     Cement Factory,

     Ammasandra,
     Turuvekere Tq.,

     Tumakuru District                                                    Respondents
 

  : ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OP aggrieved by the Common Order dated 29.10.2018 passed in Complaint Nos.39/2018, 40/2018, 38/2018, 43/2018, 41/2018 and 42/2018 respectively on the file of District Consumer Disputes Redressal Forum, Tumakuru (for short, the District Forum).

 

2.       Perused the Impugned Order, grounds of Appeal and heard the arguments.

3.       It is not in dispute that Respondent/Complainant in each of the cases, during their service, joined the Employees PF Scheme; contributed to the Employees Family Pension Scheme of 1971 and continued to contribute subsequently to the Employees Pension Scheme of 1995.  The main allegation of the Complainant in each of the case is that the OP erred in calculation of their Monthly Pension and hence filed their respective complaint for refixing of their monthly pension, entitlement of benefits and arrears as per the scheme.  The District Forum, in Para 14 of the Impugned Order made an observation to the effect that all the Complainants are entitled for two years of weightage, as they had rendered more than 20 years of service and accordingly, directed the OP to re-calculate the Monthly Pension of the Complainants by giving weightage of two years to all the complainants and extend minimum assured benefits both in respect of past and present service with effect from date of retirement of each of the Complainant with interest at the rate of 12% per annum and further directed the OP to pay Rs.3,000/- to each of the Complainant towards cost of the litigation.

 

4.       Appellant in all these Appeals had taken a stand that Respondent/Complainant left the service prior to attaining the age of 58 years and not fulfilled the conditions as laid down in EPF scheme 1995 and hence, they are not eligible for the weightage of two years.  The District Forum erroneously came to the conclusion that there is deficiency in service, when it is basically the interpretation of the Employees Pension Scheme 1995.

 

5.       The details of PPO of each of the Complainant mentioned in the Appeal Memorandum, which are as hereunder:

Appeal No.	Complaint No.	Date of Birth	Date of retirement	Past service	Actual  service	Retirement age
2071/2018	39/2018	01.06.1964	30.04.2016	07Y 07M 14D	20Y 05M 14D	52
2072/2018	40/2018	10.05.1954	10.08.2009	15Y 6M 14D	13Y 08M 24D	55
2073/2018	38/2018	01.08.1959	31.03.2003	14Y 11M 14D	07Y 04M 15D	50
2074/2018	43/2018	10.06.1957	14.08.2009	12Y 01M 14D	13Y 08M 28D	52
2075/2018	41/2018	01.07.1959	25.05.2007	05Y 00M 14D	11Y 06M 09D	50
2076/2018	42/2018	15.07.1959	26.05.2007	05Y 00M 14D	11Y 06M 10D	50

 

On perusal of the contents of above table, it is seen that the Complainant in Complaint Nos.38/2018, retired from the service before the amendments to Para 10 (2) of 24.07.2009 and he has rendered more than 20 years of service and complied with the conditions as it stood before 24.07.2009 and hence, he is eligible for weightage of two years. 

 

          In so far as Complainants in Complaint Nos.39/2018, 40/2018, 43/2018, 41/2018 and 42/2018 retired from the service after the amendments to Para 10 (2) of 24.07.2009 and they have not complied with the conditions as it stood after 24.07.2009 and hence, they are not eligible for the weightage of two years. 

 

6.       With regard to the eligibility of Monthly Pension of the Respondents/Complainants, it is observed that the Complainants in Complaint Nos.38/2018, 41/2018 and 42/2018 retired from their service before amendment to Para 12 of 15.06.2007 and hence, their Monthly Pension will have to be re-calculated as per Para 12 of EPS 1995, as it stood before 15.06.2007 of EPS 1995.  In so far as 39/2018, 40/2018 and 43/2018 retired after the amendment to Para 12 of 15.06.2007 of EPS 1995 and hence, their Monthly Pension will have to be re-calculated as per Para 12 of EPS as it stood after 15.06.2007 of EPS 1995. Since the Complainants have not been superannuated, the Appellant is honour bound to follow his own Rules & Regulations and should have subjected these Members to their entitlement for Reduced Pension at reduction rate of 3%, as the age of the Members completed their service qualifying for benefits under the PF scheme, falls short of 58 years, as per Para 12.7 of EPS 1995.

7.       Thus, impugned order in granting two years of weightage in all the cases is not proper and same requires to be interfered with.  The Complainants in Complaint Nos.39/2018, 40/2018, 43/2018, 41/2018 and 42/2018 are not eligible for weightage of two years, but they are entitled for Monthly Pension as stated above and the Appellant has granted monthly pension to all these complainants, hence, they are not eligible for any interest and litigation costs as awarded by the District Forum.    

 

In respect of Complainant in Complaint No.38/2018 is entitled for weightage of two years and monthly pension as stated above. 

 

8.       With the above observation, in our considered opinion, in so far as awarding of interest at the rate of 12% per annum by the District Forum is on the higher side and reducing the same to 8% p.a would meet the ends of justice. Hence, the Impugned Order is hereby set aside and Appeal No.2073/2018 is partly allowed and consequently, the Impugned Common Order dated 29.10.2018 passed in Complaint No.38/2018 on the file of District Consumer Disputes Redressal Forum, Tumakuru is hereby set aside, in so far as awarding of interest portion only and granting of weightage of two years and the litigation cost awarded by the District Forum remains un-disturbed.

 

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9.       In respect of Appeal Nos.2071/2018, 2072/2018, 2074/2018, 2075/2018, and 2076/2018 corresponding to Complaint Nos. 39/2018, 40/2018, 43/2018, 41/2018 and 42/2018 respectively, are allowed and consequently, the Impugned Common Order dated 29.10.2018 passed in Complaint Nos.39/2018, 40/2018, 43/2018, 41/2018 and 42/2018 respectively on the file of District Consumer Disputes Redressal Forum, Tumakuru is hereby set aside and consequently, Complaints stand Dismissed. 

 

10.     The statutory deposit in Appeal No.2073/2018 is directed to be transferred to the District Commission for the needful.

 

11.     The statutory deposit in Appeal Nos.2071/2018, 2072/2018, 2074/2018, 2075/2018 and 2076/2018 respectively are directed to be refunded to the Appellant on proper identification by his Advocate.

 

12.     Keep the Original of this Order in Appeal No.2071/2018 and copy thereof, in rest of the Appeals.

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

 

         

                                                          President  

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