Dtd.03.09.2022                                            A/432/2017

O R D E R

       BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

1.    This is an appeal filed U/s.27A of CPA 1986 by Jdr/OP.1/Appellant aggrieved by the order dtd.11.01.2017 passed in EA/40/2013 on the file of Tumakuru District Forum.
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard learned Counsel.
3. Learned counsel for appellant submits, as per Annexure G, document, Appellant has calculated the pension arrears for the month of May 2010 and from June 2010 to May 2015 calculated amount being the difference amount to be payable at  Rs.11,303/- and it is paid. It is to be taken notice of the fact that, this appeal is filed U/s.27A of CPA 1986, on the ground that was on 11.01.2017, as the Executing Forum directed Jdr/Appellant to fix the pension of the Dhr according to para 12(4) of the EPS (Employees Pension Scheme) scheme, 1995. In our view such direction issued by the forum below cannot be construed as the final order passed by the Forum below, since the appellant being Jdr still had an opportunity to participate in the proceedings and assist the executing forum to arrive at a right conclusion as to how the order under execution has to be executed to given effect to the mandate of the award and if the order under execution is already complied with has to be convince the forum itself and to prefer appeal. Thus, with such observation we are of the view, Forum below has to decide, whether to close the execution proceedings if it is already complies with, and if it is not, to execute the award and pass the final order, since Appellant submits that amount of Rs.11,303/- calculated by the Appellant is towards arrears was released for the period from 07.05.2010 to 31.05.2015 by crediting to the account of the Complainant’s account, which has to be examined by the forum below. In other words forum has to ascertain as to such matters. Thus with such conclusion,   appeal stands disposed of with a direction to Forum below to pass suitable final order in accordance with law as early as possible not later than 3 months from the date of receipt of this order.
4. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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