| First Appeal No. A/1665/2018 | | ( Date of Filing : 16 Oct 2018 ) | | (Arisen out of Order Dated 29/11/2017 in Case No. CC/52/2017 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employee's Provident Fund Organization, Regional office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Nazeer Ahamed | | S/o Late Abdul Jabbar, Aged about 63 years, Behind Noorani Mosque, Upparahally, Tumakuru. | | 2. The Divisional Controller (D.C) | | Division Office, KSRTC bus stand, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1672/2018 | | ( Date of Filing : 17 Oct 2018 ) | | (Arisen out of Order Dated 29/11/2017 in Case No. CC/51/2017 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employee s Provident Fund Organization, Regional office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. H.D.Rangaraju | | S/o Late Devagiraiah, Aged about 57 years, D.No.181, Link road, 3rd road, 3rd Main, Kuvempunagar, Tumakuru | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1673/2018 | | ( Date of Filing : 17 Oct 2018 ) | | (Arisen out of Order Dated 29/11/2017 in Case No. Complaint Case No. CC/33/2017 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employee s Provident Fund Organization, Regional office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Nagalingaiah | | S/o Late Shivalingaiah, Aged about 60 years, r/a D.No.150, Nethaji road, Vidyanagar, Tumakuru | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatna, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1674/2018 | | ( Date of Filing : 17 Oct 2018 ) | | (Arisen out of Order Dated 29/11/2017 in Case No. Complaint Case No. CC/32/2017 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employee s Provident Fund Organization, Regional office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 | | 2. The General Manager | | HMT Watch Factory-4, Devarayapatana, Tumakuru |
| ...........Appellant(s) | |
| Versus | | 1. H.Ramakrishnappa | | S/o Late Hanumanthaiah, Narasimha Krupa, 2nd cross, Siddarameshwara Extension, Batavadi, Tumakuru |
| ...........Respondent(s) |
| | First Appeal No. A/1675/2018 | | ( Date of Filing : 17 Oct 2018 ) | | (Arisen out of Order Dated 29/11/2017 in Case No. Complaint Case No. CC/37/2017 of District Tumkur) |
| | | | 1. The Asst. Provident Fund Commissioner | | Employee s Provident Fund Organization, Regional office, Peenya, No.62, 3rd cross, Industrial Suburb, Yeshwanthpur 2nd stage, Bengaluru-560022 |
| ...........Appellant(s) | |
| Versus | | 1. Mohan Prasad K.N. | | s/o Late Narashirajaiah, Aged about 64 years, Gokul Extension, 7th cross, Tulasi road, Baddihalli, Tumakuru-572104 | | 2. The General Manager | | HMT Watch Factory 4 Devarayapatana, Tumakuru |
| ...........Respondent(s) |
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| Final Order / Judgement | Dtd.03.09.2022 COMMON ORDER IN A/1665, 1672 to 1675/2018 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.29.11.2017 passed in CC/32, 33, 37, 51, 52/2017 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 Nazeer Ahmed at Rs.920/- p.m, H.D.Rangaraju at Rs.2,348/- p.m, Nagalingaiah at Rs.1,386/- p.m, H.Ramakrishnappa at Rs.1,876/- p.m, Mohanprasad.K.N at Rs.552/- 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.920/-, Rs.2,348/-, Rs.1,386/-, Rs.1,876/- and Rs.552/-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.29.11.2017 passed in CC/32, 33, 37, 51, 52/2017 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* | |
