Karnataka

Bijapur

CC/39/2014

Sri Sabanna S/o Hanamappa Yankanchi - Complainant(s)

Versus

The Assistant Provident Fund Commissioner - Opp.Party(s)

Sri B.K.Patil

07 Jan 2016

ORDER

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VIJAYAPUR.

                            Date of Order: 07-01-2016.

 

PRESENT

 

Shri. S.H.Hosalli

B.Com.LLB(Spl)                                           : Hon’ble President

 

Smt.V.B.Chinival 

B.Com.LLB(Spl)                                           : Lady Member

 

Smt. G.S.Kallyani                                        : Lady Member

B.Com.LLB(Spl)

COMMON ORDERS IN

 

C. C. Nos: 22, 24, 25, 26, 27, 29, 31, 32, 33, 34, 37, 39, 40, 42, 43, 44, 45, 46, 47, 48, 101, 102, 103, 104, and 105 of 2014.

 

Consumer Complaint No: 22/2014

 

 

COMPLAINANT

 

  1. Shri Dattatraya S/o Pandurang Padaki

    Age: 70 Years,Occ: Rtd Employee of

     khadi Gramaodyog Sangh Muddebihal

    R/o At Killa,Muddebihal

    Tq:Muddebihal Dist: Vijayapur.

     

Consumer Complaint No: 24/2014

 

 

COMPLAINANT

 

  1. Shri Sangappa S/o Yamanappa Hagari

    Occ: Retired KSRTC Employee,

              R/o Gangur Tq :Muddebihal

              Dist : Vijayapur.

     

Consumer Complaint No: 25/2014

 

 

COMPLAINANT

 

  1. Shri Badasha S/o Abdulsha Naikodi

    Age: 64 Years, Occ: Rtd KSRTC Employee,

    R/o Mahantanagar Muddebihal

    Dist; Vijayapur.

     

    Consumer Complaint No: 26/2014

 

 

COMPLAINANT

 

  1. Shri Lasab S/o Husensha Surapur

    Age: 66 Years Occ : Rtd KSRTC Employee

    R/o Hiremorab Tq : Muddebihal

    Dist: Vijayapur

Consumer Complaint No: 27/2014

 

COMPLAINANT

 

  1. Shri Shivarudrappa S/o Irappa Kittur

    Age : 67 Years Occ: Rtd KSRTC Employee

    R/o Masutinagar Near Munsiff Quarters

    Muddebihal Dist: Vijayapur.

     

Consumer Complaint No: 29/2014

 

COMPLAINANT

 

  1. Shri Bhimasain S/o Narasingrao Kulkarni

    Age: 75 Years,Occ: Rtd KSRTC Employee

    R/o near Raguvendraswami Temple,

    Mahantesh Nagar,Muddebihal.

    Dist: Vijayapur.

Consumer Complaint No: 31/2014

 

COMPLAINANT

 

  1. Shri Hanamantappa S/o Yalagurdappa Badawadagi

    Age: 79 years Occ: Rtd KSRTC Employee.

    R/o Sarur Tq :Muddebihal

    Dist: Vijayapur.                                                                                     

Consumer Complaint No: 32/2014

 

COMPLAINANT

 

  1. Shri Husensab S/o Kallasha Makandar

    Age: 63 Years Occ : Rtd KSRTC Employee

    R/o Bharapeth Galli Muddebihal

    Dist: Vijayapur                                                                                       

                

               Consumer Complaint No: 33/2014

COMPLAINANT

 

  1. Shri Siddanabasappa S/o Gurlingappa Sajjan

    Age: 66 Years Occ: Rtd KSRTC Employee

    R/o Bidarkundi Tq: Muddebihal

    Dist: Vijayapur.                                                                             

     

Consumer Complaint No: 34/2014

 

COMPLAINANT

 

  1. Shri Ningappa S/o Mahanatappa Kamalapur

    Age: 64 Years Occ: Rtd KSRTC Employee

    R/o House No 119 Hudco Colony Muddebihal

    Dist : Vijayapur.

Consumer Complaint No: 37/2014

 

COMPLAINANT

 

  1. Shri Hanamappa S/o Basappa Meti

    Age: 63 Years Occ: Rtd KSRTC Employee

    R/o Sangameshwar Colony Nagar

    Meena Misjid Muddebihal

    Dist Vijayapur.

  2.  

Consumer Complaint No: 39/2014

 

COMPLAINANT

 

  1. Shri Sabanna S/o Hanamappa Yankanchi

    Age: 70 Years Occ: Rtd KSRTC Employee

    R/o Devara Hulagabal Tq: Muddebihal

    Dist: Vijayapur.

     

Consumer Complaint No: 40/2014

 

COMPLAINANT

 

1) Shri Bandgisa S/o Kashimsab Naikodi

    Age: 65 Years Occ: Rtd KSRTC Employee

    R/o Mehboob Nagar Galli Tq: Muddebihal

    Dist: Vijayapur

Consumer Complaint No: 42/2014

 

 

COMPLAINANT

 

1) Shri Maktumasab S/o Nabisab Pinjar

    Age: 66 Years Occ: Rtd KSRTC Employee

    R/o Pinjar Galli Tq: Muddebihal

    Dist: Vijayapur

 

Consumer Complaint No: 43/2014

 

COMPLAINANT

 

  1. Shri Nanadappa S/o Amarappa Ganganagoudar

         Age: 62 Years Occ: Rtd KSRTC Employee

         R/o Ganganahalli,Post:Nalatawad Tq: Muddebihal

              Dist: Vijayapur

     

     

     

     

Consumer Complaint No: 44/2014

 

COMPLAINANT

 

  1. Shri Hanamantaraya S/o Subbaraya Nadagouda

    Age: 63 Years Occ: Rtd KSRTC Employee

             R/o Hudco Colony Muddebihal

             Dist: Vijayapur

Consumer Complaint No: 45/2014

 

COMPLAINANT

 

  1. Shri Bhimappa S/o Yemunappa Waddar

    Age: 62 Years Occ: Rtd KSRTC Employee

             R/o Banoshi Post Nebageri Tq: Muddebihal

             Dist: Vijayapur

     

Consumer Complaint No: 46/2014

 

COMPLAINANT

 

  1. Shri Gurupadayya S/o Shivayogayya Shivayogimath

    Age: 68 Years Occ: Rtd KSRTC Employee

             R/o Kavadimatti Tq: Muddebihal

             Dist: Vijayapur

     

     

                              Consumer Complaint No: 47/2014

 

COMPLAINANT

 

  1. Shri Malakajappa S/o Siddappa Poulishi

    Age: 68 Years Occ: Rtd KSRTC Employee

             R/o APMC Yard, Muddebihal

             Dist: Vijayapur

            

Consumer Complaint No: 48/2014

 

COMPLAINANT

 

  1. Shri Basayya S/o Veerbhadrayya Hiremath

    Age: 78 Years Occ: Rtd KSRTC Employee

             R/o Murnal Village,Tq: Muddebihal

             Dist: Vijayapur

     

     

     

     

Consumer Complaint No: 101/2014

 

COMPLAINANT

 

  1. Shri Balaji S/o Annarao Nadagoudar

    Age: 61 Years Occ: Rtd Godavari Sugar’s Employee

             R/o Behind Govt Polytechnic college,

             Vidya Nagar,Bagalkot Road Vijyapur

              Dist: Vijayapur.

Consumer Complaint No: 102/2014

 

COMPLAINANT

 

  1. Shri Gundu S/o Bhimarao Joshi

    Age: 70 Years Occ: Rtd Godavari Sugar’s Employee

             R/o House No 124 Divatageri Galli,

             Near Rayar Math, Vijyapur

              Dist: Vijayapur.

Consumer Complaint No: 103/2014

 

COMPLAINANT

 

  1. Shri Manohar S/o Sangappa Kajagar

    Age: 59 Years Occ: Rtd KSRTC Employee

             R/o Nadagouda Adde,

             Indi Road, Vijayapur

              Dist: Vijayapur

Consumer Complaint No: 104/2014

 

COMPLAINANT

 

  1. Shri Rajashekhar S/o Veerappa Puttalakatti

    Age: 62 Years Occ: Rtd KSRTC Employee

             R/o House No 873/2D,Ganga Boudi,

             Near Dildar Hotel, Vijyapur

              Dist: Vijayapur.

Consumer Complaint No: 105/2014

 

COMPLAINANT

 

  1. Shri Mallikarjun S/o Revansiddappa Malage

    Age: 62 Years Occ: Rtd KSRTC Employee

             R/o Old Kumbar Oni

             Near Ambabhavni Temple, Vijayapur

              Dist: Vijayapur.

     

    (C.C.Nos:22,24,25,26,27,29,31,32,33,34,37,39,40,42,

    43,44, 45,46,47,48,101,102,103,104,and 105 of 2014.

    By Shri B.K.Patil. Advocate)

                                                 V/s

 

OPPOSITE PARTIES

 

1.

The Assistant Provident Fund

Commissioner, Sub Regional Office,

Vijya Nagar Colony Aland Road,

Gulbarga

 

                                                     (Shri.S.T.Dharwadkar Adv.)

 

 

2.

The Secretary,

Khadi Gramaodyog Sangh,

Talikot Road,Muddebihal, Dist: Vijayapur.

 

                                                                  (Absent)

 

3.

The District Officer,

Employee’s Provident fund Organization/

Employees pension Scheme,

Ilaviya Building, Station Road,Vijayapur.

 

 

                                          (Shri S.T.Dharwadkar. Adv.)

 

 

4.

The Divisional Controller,

NWKRTC Vijyapur Division,

Vijyapur.

                                                 

 

 

                                                     (By Shri Miss B.M.Alagond Adv.),

                                                  (By Shri S.G.Muttin Adv. &

                                                   By Shri D.R.Malled Adv.)

 

5.

The General Manager,

Godavari Sugar’s Ltd,

Sameerwadi,MudholRoad,

Tq: Mudhol Dist:Bagalkot

 

 

                                           (By Shri M.B.Tanksali Adv.)

 

 

COMMON ORDER

 

Speaking through Smt. V.B. Chiniwal, Lady Member.

 

1) 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 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.

 

2) In all these cases involved a common question of law and fact these cases are taken together for disposal by passing a common order.

 

3) That the Complainants’ Counsel stated in the year 2013 and 2014, 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.

 

4) It is further stated that, all the Complainants were working as employee under Op No 2 and some employee under Op No 4 and 5 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 and Op No 3 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 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, and also to award the compensation towards mental Agony.

 

5) 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.22/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/7994

2

Name of the Member

Shri  Dattatraya S/o Pandurang .Padaki

3

Date of Birth

01/06/1944

4

Date of Joining EPF

01/01/1962

5

Date of Exit

31/12/2001

 

 

 

         Memo of Calculation in C.C.No.24/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/17147

2

Name of the Member

Shri Sangappa S/o Yamanappa Hagari

3

Date of Birth

01/06/1950

4

Date of Joining EPF

01/01/1971

5

Date of Exit

16/08/2006

6

Age at Exit

58 years

7

Age as on 16-11-1995

50 years

8

Pay as on 15-11-1995

Rs 6500/-

9

Past Service Period

19 Years

10

Present Service Period

11 Years

11

Pensinable Salary

6500/-

 

 

          Memo of Calculation in C.C.No.25/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/18342

2

Name of the Member

Shri Badsha S/o Abdulsha Naikodin

3

Date of Birth

08/05/1950

4

Date of Joining EPF

01/01/1972

5

Date of Exit

31/05/2008

6

Age at Exit

58 Years

7

Age as on 16-11-1995

45 Years

8

Pay as on 15-11-1995

Rs 2499/-

9

Past Service Period

24 Years

10

Present Service Period

12 Years

11

Pensionable Salary

Rs 6500/-

 

 

 

                     Memo of Calculation in C.C.No.26/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/00019183

2

Name of the Member

Shri Lalsab S/o Husensha Surpur

3

Date of Birth

01/07/1958

4

Date of Joining EPF

01/01/1971

5

Date of Exit

10/09/2009

6

Age at Exit

58 Years

7

Age as on 16-11-1995

43 Years

8

Pay as on 15-11-1995

Rs 2500/-

9

Past Service Period

12 Years

10

Present Service Period

13 Years

11

Pensionable Salary

Rs 6500/-

 

   

 Memo of Calculation in C.C.No.  27/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/12786

2

Name of the Member

Shri Shivarudrappa S/o Irappa Kittur

3

Date of Birth

13/03/1947

4

Date of Joining EPF

01/01/1971

5

Date of Exit

31/03/2005

6

Age at Exit

58 Years

7

Age as on 16-11-1995

43 Years

8

Pay as on 15-11-1995

Rs 5000/-

9

Past Service Period

19 Years

10

Present Service Period

9 Years

11

Pensionable Salary

Rs 6500/-

 

 

 

Memo of Calculation in C.C.No.29/2014

 

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/2376

2

Name of the Member

Shri Bhimasain S/o Narasingarao Kulkarni

3

Date of Birth

24/06/1939

4

Date of Joining EPF

01/01/1971

5

Date of Exit

30/06/1997

6

Age at Exit

58 Years

 

 

 

 

Memo of Calculation in C.C.No.31/2014

 

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/132

2

Name of the Member

Shri Hanumantappa S/o Yalaguradappa Badawadagi

3

Date of Birth

01/08/1935

4

Date of Joining EPF

01/01/1971

5

Date of Exit

31/07/1993

6

Age at Exit

58 Years

7

Past Service up to 15/11/1995

18 Years

 

 

 

 

 

 

 

 

 

 

Memo of Calculation in C.C.No.32/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/17242

2

Name of the Member

Shri Husensab S/o Kallasha Makandar

3

Date of Birth

10/12/1949

4

Date of Joining EPF

1/12/1974

5

Date of Exit

31/12/2007

6

Age at Exit

58 Years

7

Age as on 16-11-1995

48 Years

8

Pay as on 15-11-1995

Rs 2501/-

9

Past Service Period

21 Years

10

Present Service Period

12 Years

11

Pensionable Salary

Rs 6,500/-

 

Memo of Calculation in C.C.No.33/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/14413

2

Name of the Member

Shri Shiddabasappa S/o Gurulingappa Sajjan

3

Date of Birth

07/01/1949

4

Date of Joining EPF

06/01/1977

5

Date of Exit

05/01/2006

6

Age at Exit

58

7

Age as on 16-11-1995

48 Years

8

Pay as on 15-11-1995

Rs 5,000/-

9

Past Service Period

19 Years

10

Present Service Period

10 Years 1 Months

11

Pensionable Salary

Rs 6,500/-

 

 

 

Memo of Calculation in C.C.No.34/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/17095

2

Name of the Member

Shri Ningappa S/o Mahanatappa Kamalapur

3

Date of Birth

30/05/1950

4

Date of Joining EPF

01/01/1971

5

Date of Exit

31/05/2008

6

Age at Exit

58 Years

7

Age as on 16-11-1995

45 Years

8

Pay as on 15-11-1995

Rs 2,499/-

9

Past Service Period

19 Years

10

Present Service Period

13 Years

11

Pensionable Salary

Rs 6,500/-

 

 

Memo of Calculation in C.C.No.37/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/18324

2

Name of the Member

Shri Hanamappa S/o Basappa Meti

3

Date of Birth

01/06/1950

4

Date of Joining EPF

01/11/1976

5

Date of Exit

16/08/2006

6

Age at Exit

58 Years

7

Age as on 16-11-1995

45 Years

8

Pay as on 15-11-1995

Rs 2,501/-

9

Past Service Period

20 Years

10

Present Service Period

10 Years

11

Pensionable Salary

Rs 6,500/-

 

 

Memo of Calculation in C.C.No.39/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/9640

2

Name of the Member

 

 

Shri Sabanna S/o Hanamappa Yankanchi

 

3

Date of Birth

10/01/1944

4

Date of Joining EPF

01/01/1971

5

Date of Exit

09/01/2002

6

Age at Exit

58 Years

7

Age as on 16-11-1995

51 Years

8

Pay as on 15-11-1995

Rs 3,500/-

9

Past Service Period

19 Years 2 Months

10

Present Service Period

6 Years 1 Months

11

Pensionable Salary

Rs 5000/-

 

 

Memo of Calculation in C.C.No.40/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/16477

2

Name of the Member

Shri Bandgisa S/o Kashimsab Naikodi

3

Date of Birth

01/06/1949

4

Date of Joining EPF

01/01/1971

5

Date of Exit

31/05/2007

6

Age at Exit

58 Years

7

Age as on 16-11-1995

46 Years

8

Pay as on 15-11-1995

Rs 2499/-

9

Past Service Period

19 Years

10

Present Service Period

11 Years 6 Months

11

Pensionable Salary

Rs 6,500/-

 

 

       Memo of Calculation in C.C.No.42/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/16570

2

Name of the Member

Shri Makumsa S/o Nabisab Pinjar

3

Date of Birth

01/04/1948

4

Date of Joining EPF

01/01/1971

5

Date of Exit

30/03/2006

6

Age at Exit

58 Years 

7

Age as on 16-11-1995

47 Years

8

Pay as on 15-11-1995

Rs 2501/-

9

Past Service Period

24 Years

10

Present Service Period

10 Years 4Months

11

Pensionable Salary

Rs 6,500/-

 

 

 

Memo of Calculation in C.C.No.43/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/16702

2

Name of the Member

Shri Nandappa S/o Amarappa Ganganagoudar

3

Date of Birth

01/06/1949

4

Date of Joining EPF

01/01/1971

5

Date of Exit

31/05/2007

6

Age at Exit

58 Years

7

Age as on 16-11-1995

47 Years

11

Pensionable Salary

Rs 6,500/-

 

 

 

 

 

 

 

Memo of Calculation in C.C.No.44/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/19353

2

Name of the Member

Shri Hanamantaraya S/o Subbarao Nadagouda

3

Date of Birth

27/03/1951

4

Date of Joining EPF

01/01/1979

5

Date of Exit

26/03/2009

6

Age at Exit

58 Years

7

Age as on 16-11-1995

44 Years

8

Pay as on 15-11-1995

Rs 2499/-

9

Past Service Period

15 Years 11 Months

10

Present Service Period

13 Years 4 months

11

Pensionable Salary

Rs 6,500/-

 

Memo of Calculation in C.C.No.45/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/20357

2

Name of the Member

Shri Bhimappa S/o Yamunarappa Wadder

3

Date of Birth

01/06/1952

4

Date of Joining EPF

25/05/1982

5

Date of Exit

03/05/2012

6

Age at Exit

60 Years

7

Age as on 16-11-1995

43 Years

8

Pay as on 15-11-1995

Rs 2500/-

9

Past Service Period

13 Years

10

Present Service Period

14 Years 6 months

11

Pensionable Salary

Rs 6,500/-

 

 

Memo of Calculation in C.C.No.46/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/11934

2

Name of the Member

Shri Gurupadayya S/o Shivaygayya Shivayogimath

3

Date of Birth

01/08/1945

4

Date of Joining EPF

01/10/1975

5

Date of Exit

31/07/2003

6

Age at Exit

58 Years

7

Age as on 16-11-1995

50 Years

8

Pay as on 15-11-1995

Rs 5000/-

9

Past Service Period

20 Years

10

Present Service Period

7 Years 8 months

11

Pensionable Salary

Rs 6,500/-

 

Memo of Calculation in C.C.No.47/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/19729

2

Name of the Member

Shri Malakajappa S/o Siddappa Poulishi

3

Date of Birth

01/06/1951

4

Date of Joining EPF

01/01/1971

5

Date of Exit

31/05/2009

6

Age at Exit

58 Years

7

Age as on 16-11-1995

44 Years

8

Pay as on 15-11-1995

Rs 2499/-

9

Past Service Period

19 Years

10

Present Service Period

13 Years 6 months

11

Pensionable Salary

Rs 6,500/-

 

 

Memo of Calculation in C.C.No.48/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/631

2

Name of the Member

Shri Basayya S/o Veerabhadrayya Hiremath

3

Date of Birth

21/02/1936

4

Date of Joining EPF

08/08/1964

5

Date of Exit

29/02/1994

6

Age at Exit

58 Years

7

Age as on 16-11-1995

59 Years

 

 

Memo of Calculation in C.C.No.101/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/13138

2

Name of the Member

Shri Balaji S/oAnnarao Nadagoudar

3

Date of Birth

14/02/1953

4

Date of Joining EPF

14/07/1977

5

Date of Exit

15/04/2005

6

Age at Exit

58 Years

7

Age as on 16-11-1995

43 Years

8

Pay as on 15-11-1995

Rs 2800/-

9

Past Service Period

20 Years

10

Present Service Period

9 Years 4 months

11

Pensionable Salary

Rs 4669/-

 

 

 

 

 

Memo of Calculation in C.C.No.102/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/8069

2

Name of the Member

Shri  Gundu S/o Bhimrao Joshi

3

Date of Birth

16/01/1944

4

Date of Joining EPF

16/091971

5

Date of Exit

21/01/2004

6

Age at Exit

58 Years

7

Age as on 16-11-1995

49 Years

8

Pay as on 15-11-1995

Rs 3731/-

9

Past Service Period

21 Years

10

Present Service Period

6 Years 2 months

11

Pensionable Salary

Rs 5775/-

 

 

Memo of Calculation in C.C.No.103/2014

 

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/20659

2

Name of the Member

Shri  Manohar S/o sangappa Kajagar

3

Date of Birth

27/01/1955

4

Date of Joining EPF

22/07/1976

5

Date of Exit

30/04/2012

6

Age at Exit

58 Years

7

Age as on 16-11-1995

40 Years

8

Pay as on 15-11-1995

Rs 4707/-

9

Past Service Period

21 Years

10

Present Service Period

6 Years 2 months

11

Pensionable Salary

Rs 6414/-

 

Memo of Calculation in C.C.No.104/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/18736

2

Name of the Member

Shri  Rajashekhar S/o Veerappa Puttalkatti

3

Date of Birth

31/07/1952

4

Date of Joining EPF

20/04/1974

5

Date of Exit

30/07/2010

6

Age at Exit

58 Years

7

Age as on 16-11-1995

44 Years

8

Pay as on 15-11-1995

Rs 2499/-

9

Past Service Period

21 Years

10

Present Service Period

14 Years 8 months

11

Pensionable Salary

Rs 6500/-

 

 

Memo of Calculation in C.C.No.105/2014

 

Sl No

Particulars

Details

1

PPO No

KN/GLB/17489

2

Name of the Member

Shri  Mallikarjun S/o Revansiddappa Malage

3

Date of Birth

15/06/1949

4

Date of Joining EPF

20/04/1974

5

Date of Exit

30/06/2007

6

Age at Exit

58 Years

7

Age as on 16-11-1995

46 Years

8

Pay as on 15-11-1995

Rs 2501/-

9

Past Service Period

18 Years

10

Present Service Period

11 Years 6 months

11

Pensionable Salary

Rs 6500/-

 

  1. Op No 1 is the main contesting party in all the cases has filed detailed written version contending that the fixation of the monthly pension of the complainants is as per the scheme and they have not rendered 20 years of service after coming into force of the 1995 scheme and therefore they are not entitled to two years of weightage,para10(2) was amended by Government of India on 24-07-2009.para10(2) before this amendment read as “In case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”. Para 10(2) after amendment read as “in case of the member who superannuates on attaining the age of 58 years, and who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”. After amendment of Para 10(2), even in superannuation cases completion of 20 years pensionable service under Employees pension scheme 1995 is a must. As the Employees pension scheme, 1995 came into force on
    16-11-1995; the 20 years pensionable service can be completed by any member only after 16-11-2015.

     

  2. That the Op No 1 further states that “As per para 12(3)(ii),the aggregate of (a) and (b) calculated shall be subject to a minimum of Rs 800/-per month,provided the eligible service is 24 years. Provided further, if it is less than 24 years, the pension as computed above shall be reduced proportionately subject to a minimum of Rs 450/- per month.”

     

  3. Op No 1 further states that as per the Employees provident Fund Organization, Head office, New Delhi circular dated 26-11-2013 and Corrigendum No Pen(A&C)/RP No: 867 - 880/2012 / NCDRC/ KN-Kallurappa/ 11827 dated 05-12-2013 two years bonus can be given where superannuation pension i.e., pension at the age of 58 years had commenced prior to 24-07-2009 when Para 10(2) was amended substituting the words “and/or” with “and”

     

    6) Both the parties have filed affidavits in lien of evidence and they have 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.

     

     

     

  4. Heard arguments of both the sides.

     

  5. Now the points that arise for our consideration are;

     

  6. Whether the complainants are entitled to the relief as isSought for?

  7. What Order?

     

     

    Answers to the above Points:-

     

  8. Partly Affirmative.

  9. As per final order.

     

    R E A S O N S

     

    a) Point No 1:-

     

               In all the Twenty five cases are  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:-

     

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. For the purpose of the disposal of these cases some relevant paragraph of 1995 scheme are to be mentioned here  and  they  are

in respect of the existing member, past service, pensionable service, determination  of pensionable service etc. The word existing member has been defined under para2 (VI) as under;

 

 

 

 

 

Years of Service

Salary up to

Rs 2500/- per

month

Salary more than Rs 2500/- per month

i) Up to 11 Years

80

85

ii) More than 11 Years but

    up    to 15 Years

 

95

105

iii) More than 11  Years

     but  less than  20

     Years

120

135

iv) Beyond 20 Years

80

85

 

 

(Vi) “Existing member” means an existing employee who is a Member of the Employee Family pension Scheme, 1971”.

The word past Service has been defined under Para No 2 (xii) as under;

 

                                                                                                                               

 

xii) “Past service” means the period of service rendered by an existing member from the date of joining Employees Family Pension Fund till the 15th November, 1995.

 

The word “Pensionable service has been defined under Para 2 (xv) as under;

 

          (xv) “Pensionable service” means the service rendered by the member for whom contributions have been (received or receivable).

The word “Determination of Pensionable Service” under Para 10(2) is as under;

 

 

10 (2) In the case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years.

 

 

The monthly members pension has been defined under Para 12 (3) (a) & (b) as under;

 

 

  1. Pension as determined under sub-paragraph (2) for the period of Pensionable service rendered from the 16th November 1995 or Rs 635/- per month whichever is more;

     

  2. Past service pension shall be as given below;

The  past  service  pension  payable on completion of 58 years of  

 age on the 16th November 1995.

 

Subject to a minimum of Rs 800/- per month provided the past service is 24 years. If the aggregate service of the member is less than 24 years, the pension and the benefits computed as above shall be reduced proportionately subject to a minimum of Rs 450/- per month.

 

  1. On completion of the age of 58 years after 16-11-1995,the benefit under column (2) or column (3) above, as the case may be, shall be multiplied by the factor given in table B corresponding to the period between 16-11-1995 and date of attainment of age 58 to arrive at past service pension payable.

Para12 of the Employee Pension Scheme 1995;

 

1)   A member shall be entitled to:-

 

a) Superannuation pension if he has rendered eligible service of 20 years or more and retires on attaining the age of 58 years;

  1. Retirement pension, if he has rendered eligible service of 20 years or more and retires or otherwise ceases to be in the employment before attaining the age of 58 years;

     

  2. Short service pension, if he has rendered eligible service of 10 years or more but less than 20 years.

2) In the case of a new the amount of monthly superannuation pension or retiring pension as the case may be, shall be computed in accordance with the following facts, namely:

 

Monthly member’s pension = pensionable salary X pensionable service

                                                 70 

                                      

Para 12 (4) of the Employees pension scheme 1995 reads thus:-

 

 

12 (4) In the case of an employee (who was a member of the ceased Family Pension Scheme,1971) and has attained the age of 48 years but less than 53 years on the 16th November 1995,the superannuation/retirement pension shall be equal to the aggregate of:-

a) Pension as determined under sub-paragraph (2) for the      period of service rendered from the 16th November 1995 or Rs 438/- per month whichever is more.

 

b) Past service benefits as provided in sub-Paragraph (3) subject to a minimum of Rs 600/- per month, provided the past service is 24 years. Provided further that if it is less than 24 years the pension payable and the past service benefits taken together shall be proportionately less subject to the minimum of Rs 325/- per month.

 

 

Para12 (5) of the Employees Pension Scheme 1995 reads thus:-

 

12(5); in this case of an employee (who was a member of the ceased Family pension Scheme,1971) and has attained the age of 53 years or more on the 16th November 1995,the superannuation/retirement pension shall be equal to the aggregate of:-

 

a)   Pension as determined under sub-Paragraph (2) for the period of service rendered from the 16th November 1995 per month or Rs 335/- per month whichever is more.

 

b)  Past service benefits provided in sub-Paragraph (3) subject to the minimum of Rs 500/- per month, provided the past service is 24 years. Provided further that if it is less than 24 years the pension payable and the past service benefits shall be proportionately lesser but subject to the minimum of Rs 265/- per month.

 

Except as otherwise expressly provided herein after the monthly members pension under sub-paragraph (2) and (5) mentioned herein above, as the case may be shall be payable from a date immediately following the date of completion of 58 years of age notwithstanding that the member has retired or ceased to be in the employment before that date.

 

 

ii) The above mentioned paragraph i.e., 12(3) to 12(5) of the Scheme 1995, made us very clear that, minimum pension fixed for the past service is separate and the   minimum pension fixed for the present service is separate. The Opposite party counsel contented that aggregate of (a) and (b) shall be subject to a minimum if past Service is 24 years. There are no separate minimum pensions fixed for past and present services. And further contended that  as per the scheme and they have not rendered 20 years of service after coming into force of the 1995 scheme and therefore they are not entitled to two years of weightage.

 

 

iii) That the Op No 1 submitted one circular, as per circular dated 26-11-2013 and Corrigendum No Pen (A&C)/RP No: 867-880/2012/NCDRC/KN-Kallurappa/11827 dated 05-12-2013 two years bonus can be given where superannuation pension i.e., pension at the age of 58 years had commenced prior to 24-07-2009. Para10(2) before this amendment read as “In case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”. Para 10(2) after amendment read as “in case of the member who superannuates on attaining the age of 58 years, and who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”. After amendment of Para 10(2), even in superannuation cases completion of 20 years pensionable service under Employees pension scheme 1995 is a must. As the Employees pension scheme, 1995 came into force on 16-11-1995; the 20 years pensionable service can be completed by any member only after 16-11-2015. When Para 10(2) was amended substituting the words “and/or” with “and”. The said amendment is not applicable to these Complainants, at the time of accepting his membership to the pension scheme, no such provision was there. This amendment is against to the objects of the scheme. These amendments are applicable only to the members who have taken members after amendment and who have already taken membership of the pension scheme and paid the monthly contributions, these Circular is not applicable.

 

 

iv)  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. 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.

 

 

   v)   The undisputed fact are that all the complainants were the employees of Op No 2 and Op No 4 & 5 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 which is under challenge in all these cases. 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.”

 

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. But the counsel for the opposite party vehemently contended that, as per Para 10 of the Employees Pension Scheme 1995 those members who have put in 20 years of service or more from 16-11-1995 the fact of weightage is applicable, the pension has been calculated/fixed according to the paragraph 12 of the Employees pension scheme 1995 and stated that as per Para 10(2) of the Employees pension scheme 1995 the member has to superannuates on attaining the age of 58 years and who has rendered 20 years pensionable service or more his pensionable service will be increased by adding a weightage of two years so as to determine the quantum of pension. As the scheme stands, weightage is to be given only from November 2015 and vehemently contended that the complainants are not entitled to the above benefits.

 

 

          On scrutiny of the material evidence available on record, we find that, admittedly the complaints were the employees of the KSRTC and some are Sugar Factory employees now all are retired from service either on superannuation or voluntarily.

 

 

 Complainants counsel submitted AIR 2008 Supreme court page 2957, copy of State Commission Appeals No 415-419/2008.

 

 

        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, 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., Complainants to approach the District Forum, for that the  op No 1 shall pay adequate compensation by way of interest. 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:-

With this we answer point No 1 Partly Affirmative.

 

 

b) Point No 2:-   In the result the Complaint of the complainants are fit to be allowed in part and hence we proceed to pass the following:-

 

 

 

 

O R D E R

  C.C.Nos:22,24,25,26,27,29,31,32,33,34,37,39,40,42,43,44,45,46,47,48,101,102,103,104,and 105 of 2014. Are allowed in part.

 

  1. The Op No 1 i.e., Asst. Provident Fund Commissioner, Regional office, Gulbarga 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 6% per annum.

     

     

    II)       That if the Op No1 have paid Arrears of pension in the above    

                said cases.  That the Op No 1 is hereby directed to pay   
     interest at the rate of 6% per  annum above  said case with

               effect from the date of retirement of the Complainants.

     

     

    III)      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 6% p.a.

     

     

    IV)      Apart  from  the  above  Op No 1  is  hereby  directed  to pay

      Rs 1,000/-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. Failing which liable to pay interest at the rate of 9%
      from the date of retirement till final realization.

     

     

    V)         Op No 2, 3, 4 and  5 are  discharge  from  liability  all these

                cases.

     

     

    VI)                           Keep the original orders in complaint No 22/2014 and coy

                 in other connected cases and Opposite Party in all the
            cases are common. Since the complaints are 25 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  07th   day of  January  2016).

 

Shri. S.H.Hosalli, President.

 

Smt.V.B.Chinival,

Lady Member.

 

Smt. G.S.Kallyani,                                         Lady Member.

 

 

ANNEXURE

 

Witnesses examined on behalf of the complainants:-

 

1) Shri Dattatraya S/o Pandurang Padaki

2) Shri Sangappa S/o Yemanappa Hagari

3) Shri Badasha S/o Abdulsha Naikodi

4) Shri Lalasab S/o Husainsab Surapur

5) Shri Shivarudrappa S/o Irappa Kittur

6) Shri Bhimsain S/o Narasingrao Kulkarni

7) Shri  Hanumantappa S/o Yalaguradappa Badawadagi

8) Shri  Hassansha S/o Kallasha Makandar

9) Shri Siddabasappa S/o Gurlingappa Sajjan

10) Shri Ningappa S/o Mahantappa Kamalapur

11) Shri Hanamappa S/o Basappa Meti

12) Shri Sabanna S/o Hanamappa Yankanchi

13) Shri Bandgisa S/o Kashimsab Naikodi

14) Shri Makumsa S/o Nabisab Pinjar

15) Shri Nandappa S/o Amarappa Gangangoudar

16) Shri Hanamantaraya S/o Subbarao Nadagouda

17) Shri Bhimappa S/o Yamunarappa Wadder

18 Shri Gurupadayya S/o Shivayogayya Shivayogimath

19) Shri Malakajappa S/o Siddappa Poulishi

20 Shri Basayya S/o Veerabhadrayya Hiremath

21) Shri Balaji S/o Annarao nadagoudar

22) Shri Gundu S/o Bhimrao Joshi

23) Shri Manohar S/o Sangappa Kajagar

24) Shri Rajashekhar S/o Veerappa Puttalakatti

25) Shri Mallikarjun S/o Revanasiddappa Malage

 

Documents produced on behalf of the Complainant in complaint No 22  of 2014.

 

Ex C1:- Copy of pension payment order issued by the Op No 1 on

            different dates

Ex C2:- Letter from PF Commissioner Kalburgi

Ex C2(a):- Representation letter alongwith Annexure (A)

Ex C3:- Legal Notice

Ex C4:- Postal Acknowledgement

 

Documents produced on behalf of the Complainant in complaint No 24  of 2014.

 

Ex C1:- Acknowledged copy of Representation.

Ex C2:- Postal Acknowledgement

Ex C3:-Legal Notice

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner

Ex C6:- Notarized copy of the letter issued by the Ministry of

             labour Provident Fund Organization.

Ex C7:- Pension Payment Order

Ex C8:- Retirement Copy 

    ,,

Documents produced on behalf of the Op 2 in complaint No 24 of 2014.

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 25 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Legal Notice

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner Kalburagi

Ex C6:- Letter issued by the Ministry of labour Provident Fund

            Organization.

Ex C7:- Pension Payment Order

Ex C8:- Retirement Copy

Ex C9 :- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 25 of 2014.

Ex OP 1 Employee Information Certificate

 

 Documents produced on behalf of the Complainant in complaint No 26  of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Letter from PF Commissioner Kalburagi

Ex C4:- Ex C6:-Letter issued by the Ministry of labour Provident

            Fund Organization.

Ex C5:- Pension Payment Order

Ex C6:- Retirement Copy

Ex C7:- Annexure

 

Documents produced on behalf of the Op 2 in complaint No 26 of 2014.

 

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 27  of 2014.

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Legal Notice

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner Kalburagi

Ex C6:- Letter issued by the Ministry of labour Provident Fund  

            Organization.

Ex C7:- Pension Payment Order

Ex C8:- Retirement Copy

Ex C9:- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 27 of 2014.

 

Ex OP 1 Employee Information Certificate.

 

Documents produced on behalf of the Complainant in complaint No 29  of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Letter from PF Commissioner Kalburagi

Ex C4:- Pension Payment Order

Ex C5:- Ex C6:-Letter issued by the Ministry of labour Provident

             Fund Organization.

Ex C6:- Retirement Copy

Ex C7:- Detail information of employee issued by Op No 2

Ex C8:- Annexure

 

Documents produced on behalf of the Op 2 in complaint No 29 of 2014.

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 31 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Legal Notice

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner Kalburagi

Ex C6:- Letter issued by the Ministry of labour Provident Fund

             Organization.

Ex C7:- Retirement Copy

Ex C8:- Pension Payment Order

Ex C9 :- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 31 of 2014.

 

Ex OP 1 Employee Information Certificate

 

Documents produced on behalf of the Complainant in complaint No 32 of 2014.

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Legal Notice

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner Kalburagi

Ex C6:- Letter issued by the Ministry of labour Provident Fund

             Organization.

Ex C7:- Pension Payment Order

Ex C8:- Retirement Copy

Ex C9:- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 32 of 2014.

 

Ex OP 1 Employee Information Certificate.

 

Documents produced on behalf of the Complainant in complaint No 33 of 2014.

 

Ex C1:- Legal Notice

Ex C2:- Postal Acknowledgement

Ex C3:- Postal Acknowledgement

 Ex C4:-Letter from PF Commissioner Kalburagi

Ex C5:-Letter issued by the Ministry of labour Provident Fund

           Organization.

Ex C6:- Pension Payment Order

Ex C7:- Retirement Copy

Ex C8 :- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 33 of 2014.

 

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 34 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Legal Notice

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner Kalburagi

Ex C6:-Letter issued by the Ministry of labour Provident Fund Organization.

Ex C7:- Pension Payment Order

Ex C8:- Retirement Copy

Ex C9:- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 33 of 2014.

 

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 37 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Legal Notice

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner Kalburagi

Ex C6:- Letter issued by the Ministry of labour Provident Fund

            Organization.

Ex C7:- Pension Payment Order

Ex C8:- Retirement Copy

Ex C9:- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 37 of 2014.

 

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 39 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Legal Notice

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner Kalburagi

Ex C6:-Letter issued by the Ministry of labour Provident Fund

            Organization.

Ex C7:- Pension Payment Order

Ex C8:- Retirement Copy

Ex C9:- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 39 of 2014.

 

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 40 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Receipts 

Ex C3:- Pension Payment Order

Ex C4:- Retirement Copy

Ex C5:- Letter from PF Commissioner Kalburagi

Ex C6:- Letter issued by the Ministry of labour Provident Fund

            Organization.

Ex C7:- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 40 of 2014.

 

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 42 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- Legal Notice

Ex C4:- Pension Payment Order

Ex C5:- Retirement Copy

Ex C6:- Postal Receipts

Ex C7:-Postal Acknowledgement

Ex C8:-Letter from PF Commissioner Kalburagi

ExC9:- Letter issued by the Ministry of labour Provident Fund

            Organization.

Ex C10:- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 42 of 2014.

 

Ex OP 1 Employee Information Certificate

 

Documents produced on behalf of the Complainant in complaint No 43 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Letter issued by the Ministry of labour Provident Fund

            Organization.

Ex C3:- Letter from PF Commissioner Kalburagi

Ex C4:-Pension Payment Order

Ex C5:- Retirement Copy

Ex C6:- Annexure A

Ex C7:- Postal Acknowledgement

 

Documents produced on behalf of the Op 2 in complaint No 43 of 2014.

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 44 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Pension Payment Order

Ex C3:- Legal Notice

Ex C4:- Postal Receipts

Ex C4(a):- Post Receipts

Ex C5:-Postal Acknowledgement

Ex C6:- Letter from PF Commissioner Kalburagi

ExC7:- Letter issued by the Ministry of labour Provident Fund

            Organization.

Ex C8:- Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 44 of 2014.

 

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 45 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Postal Acknowledgement

Ex C3:- PPO Copy

Ex C4:- Pension Payment Order

Ex C5:- Letter from PF Commissioner Kalburagi

ExC6:- Letter issued by the Ministry of labour Provident Fund

            Organization.

Ex C7:- Retirement copy

Ex C8:-Annexure A

 

Documents produced on behalf of the Op 2 in complaint No 45 of 2014.

 

Ex OP 1 Employee Information Certificate

Documents produced on behalf of the Complainant in complaint No 46 of 2014.

 

Ex C1:- Copy of Representation

Ex C2:- Legal Notice

Ex C3:- Postal Acknowledgement

Ex C4:- Postal Acknowledgement

Ex C5:- Letter from PF Commissioner Kalburagi

ExC6:- Letter issued by the Ministry of labour Provident Fund

            Organization.

ExC7:- Pension Payment Order Part -I

Ex C8:- PPO Part II to IV

 

Documents produced on behalf of the Complainant in complaint No 47 of 2014.

 

Ex C1:- Pension Payment Order

Ex C2:- Legal Notice

Ex C3:- Postal Receipts

Ex C4:- Letter from PF Commissioner Kalburagi

ExC5:- Letter issued by the Ministry of labour Provident Fund

           Organization.

Ex C6:-Annexure A

 

Documents produced on behalf of the Complainant in complaint No 48 of 2014.

 

Ex C1:- Representation Copy

Ex C2:- Letter from PF Commissioner Kalburagi

ExC3:- Letter issued by the Ministry of labour Provident Fund

           Organization.

Ex C4:- Pension Payment Order

Ex C5:- Retirement Copy

Ex C6:-Annexure A

Documents produced on behalf of the Complainant in complaint No 101 of 2014.

 

Ex C1:- Pension Payment Order

Ex C2:- Representation Copy

ExC3:-Postal Receipts

Ex C4 Postal Acknowledgement

 

Documents produced on behalf of the Complainant in complaint No 102 of 2014.

 

Ex C1:- Pension Payment Order

Ex C2:- Representation Copy

ExC3:-  Postal Receipts

Ex C4:- Postal Acknowledgement

 

Documents produced on behalf of the Complainant in complaint No 103 of 2014.

 

Ex C1:- Pension Payment Order

Ex C2:- D.O Letter

Ex C3:- Representation Copy

ExC4:-  Postal Receipts

 

 

 

 

Documents produced on behalf of the Complainant in complaint No 104 of 2014.

 

Ex C1:- Pension Payment Order

Ex C2:-D.O Letter

Ex C3:-Representation Copy

ExC4:-Postal Receipts

 

Documents produced on behalf of the Complainant in complaint No 105 of 2014.

 

Ex C1:- Pension Payment Order

Ex C2:-D.O Letter

Ex C3:-Representation Copy

ExC4:-Postal Acknowledgement

 

Witnesses examined on behalf of the Op 1 in all cases

Shri R.V.Alwandiker Regional Provident Fund Commissioner

Kalburagi

Witnesses examined on behalf of the Op 2 in all cases

 

Shri A.H.Nagesh Divisional Controller. NWKRTC. Vijyapur

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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