Petitioner was the opposite party before the District Forum. Complainant/respondent had completed 24 years of service on 16.11.1995 when Provident Fund Scheme of 1995 came into force. The complainant at that time was already a member of the Pension Scheme of 1971 and was 51 years old. Undisputedly, he was entitled to a pension of Rs.557/- per month at that time. The dispute between
-2- the parties is regarding the past service benefits. As per complainant he was entitled for the past service benefit to the tune of Rs.600/- per month whereas according to petitioner the complainant was entitled for the past service benefit to the tune of Rs.316/- per month. Respondent filed the complaint before the District Forum. District Forum allowed the appeal and directed the petitioner to pay to the Complainant a monthly pension of Rs.1157/- p.m. (Rs.557/- + Rs.600/-). Petitioner being aggrieved filed the appeal before the State Commission which dismissed the same with the following observations:- “A bare reading of sub-clause (4)(b) of clause 12 would show that in a case where an employee has put in 24 years past service, he was entitled to past service benefit subject to minimum Rs.600/- per month. We, therefore, find ourselves in full agreement with the computation made by the District Forum that the respondent employee would be entitled to a total pension of Rs.1157/-.” Counsel for the petitioner has brought to our notice that Clause 12 of Employees Pension Scheme 1995 relying upon which the State -3- Commission has held that the respondent is entitled to pension @ Rs.1157/- per month, had been amended on 15.06.2007 with retrospective effect on 16.11.1995; that as per amended provision the respondent was not entitled to a pension of Rs.1157/-. Order of the State Commission is dated 26.07.2007. Clause 12 of the Employees Pension Scheme 1995 was amended on 15.06.2007 w.e.f. 16.11.1995 retrospectively. Since the State Commission passed the order in ignorance of the amendment of Clause 12 of the Employees Pension Scheme 1995, the impugned order is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law after taking note of the amended provision of the Employees Pension Scheme 1995. All contentions are left OPEN. Nothing stated herein be taken as an expression of opinion. Parties through their counsel are directed to appear before the State Commission on 03.07.2012. -4- Since it is an old case we would request the State Commission to dispose of the case as expeditiously as possible and preferably within a period of four months from the date of appearance. | 
