Karnataka
StateCommission
A/2148/2017
The Asst. Provident FundCommissioner - Complainant(s)
Versus
Vaman - Opp.Party(s)
Nandita Haldipur
31 Jul 2023
ORDER
Date of Filing : 31.10.2017
Date of Disposal :31.07.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:31.07.2023
PRESENT
APPEAL Nos.2144/2017 to 2166/2017
The Asst. Provident Fund Commissioner
Regional office 2nd Floor,
Garaladinni Complex,
Saath Kacheri Road,
Raichur-584 101.
(By Mrs Nanditha Haldipur, Advocate) Appellant
-Versus-
1.Appeal No.2144/2017
1. Mr Noormahamad
S/o Mr Mahamad Yusuf Coachman @ Kochaman,
Aged 65 years
Occ: Retd. Employee of Bagalkot Cement Industries,
C/o A.A.Gadadinni
R/at Bagalkot Cement Co. Ltd.,
Bagalkot Tq. & District
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cement Industries Ltd.,
Bagalkot Extension Area,
Bagalkot Respondents
2.Appeal No.2145/2017
1. Mr Hasan @ Hasansab,
S/o Mr Khadirsab Muchali,
Aged 60 years,
Retd. Employee of Cement Industries,
R/o Punjigalli (Killa) H.No.264/A,
Bagalkot,
Bagalkot Tq. & District
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cement Industries Ltd.,
Bagalkot Extension Area,
Bagalkot Respondents
3.Appeal No.2146/2017
1. Mr Veerappa
S/o Mr Basappa Idramani,
Aged68 years,
R/at Hirebadawadagi,
Hunagund Tq. Bagalkot District
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional Office,
Navanagar, Bagalkot Respondents
4.Appeal No.2147/2017
1. Mr Chandrashekhar
S/o Mr Sangayya Hiremath,
Aged65 years,
R/at Tumsha,
Hunagund Tq.,
Bagalkot District.
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divsional Controller
NWKRTC
Bagalkot Division,
Divisional Office,
Navanagar, Bagalkot Respondents
(By Mrs.S.Nirmala, Advocate)
5.Appeal No.2148/2017
1. Mr Vaman
S/o Mr Karabasappa Baratakke,
Aged67 years,
R/at Near JSS School,
Post Ilakal,
Hunagund Tq.,
Bagalkot District.
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC
Bagalkot Division,
Divisional Office,
Navangar, Bagalkot
Respondents
(By Mrs.S.Nirmala, Advocate)
6.Appeal No.2149/2017
1. Mr Mahantayya
S/o Mr Irasangayya Konnur,
Aged 64 years,
R/at Hirebadawadagi
Hungund Tq., Bagalkot District
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional Office,
Navangar, Bagalkot Respondents
(By Mrs.S.Nirmala, Advocate)
7.Appeal No.2150/2017
1. Mr Mehboobdoula .
S/o Mr Ameenuddin Kotwal,
Aged 65 years,
R/o Upparmohalla,
Ward No.9,
House No.75,
Bagalkot, Bagalkot District.
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional office,
Navangar, Bagalkot Respondents
(By Mrs.S.Nirmala, Advocate)
8.Appeal No.2151/2017
1. Mr Malikasab .
S/o Mr Aminasab Banadar,
Aged 64 years,
Retd., employee of Bagalkot Cement Industries,
R/at Sidrameshwar Badawane,
Ward No.9, Bagalkot Tq. & District
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cemenet Industries Ltd.,
Bagalkot Extension Area,
Bagalkot Respondents
9.Appeal No.2152/2017
1. Mr Gundappa
S/o Mr Hanamanth Joteppanavar,
Aged 63 years,
Retd., employee of Bagalkot Cement Industries,
R/at Viveknagar Extension Area,
Bagalkot, Bagalkot Tq. & District
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cement Industries Ltd.,
Bagalkot Extension Area
Bagalkot Respondents
10.Appeal No.2153/2017
1. Mr Mallappa
S/o Mr Irappa Magadal,
Aged65 years,
R/at Sector No.36,
Plot No.65, Navanagar,
Bagalkot Tq. & District.
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional controller
NWKRTC, Bagalkot Division,
Divisional office,
Navanagar, Bagalkot Respondents
(By Mrs.S.Nirmala, Advocate)
11.Appeal No.2154/2017
1. Mr Amarayya
S/o Mr Shivabasayya Goundar,
Aged 66 years,
R/at Sector No.12,
Plot No.103,
Navanagar Bagalkot Tq. & District
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional Office,
Navanagar, Bagalkot Respondents
(By Mrs.S.Nirmala, Advocate)
12.Appeal No.2155/2017
1. Mr Basavaraj .
S/o Mr Gurunathagouda Patil
Aged 63 years,
R/o Sector No.52,
Plot No.4, Navanagar,
Bagalkot Tq & District Bagalkot
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional Office,
Navanagar, Bagalkot Respondents
(By Mrs.S.Nirmala, Advocate)
13.Appeal No.2156/2017
1. Mr Makbulsab .
S/o Mr Maiboobsab Soudagar
Aged 62 years,
Retd., employee of Bagalkot Cement Industries
R/o Killa Galli,
Bagalkot Tq & District Bagalkot. Respondents
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cement Industries Ltd.,
Bagalkot Extension Area,
Bagalkot
14.Appeal No.2157/2017
1. Mr Virupaxalingappa .
S/o Mr Solabanna Pattanad
Aged 59 years,
Retd., employee of Basaveshwar Co-op Bank
R/o Parvati Nilaya
8th Cross, Vidyagiri,
Bagalkot, Tq & District Bagalkot
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Basaveshwara Co-op Bank
Navanagar, Bagalkot Respondents
(By Mr M.Sreekantaiah, Advocate)
15.Appeal No.2158/2017
1. Mr Irappagouda .
S/o Mr Mudkappagouda Patil
Aged 64 years,
C/o Basavanagar,
Behind Deshpande Petrol Pump,
Mudhol Tq: Mudhol,
District: Bagalkot
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional office,
Navanagar, Bagalkot Respondents
(By Mrs.S.Nirmala, Advocate)
16.Appeal No.2159/2017
1. Mr Thavarappa
S/o Mr Husanappa Lamani
Aged 63 years,
Retd., employee of Bagalkot Cement Industries,
R/o Muchakhandi LT
Tq & District Bagalkot
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cement Industries Ltd.,
Bagalkot Extension Area,
Bagalkot Respondents
17.Appeal No.2160/2017
1. Mr Siddan Gouda .
S/o Mr Hanamanthagouda Patil
Aged 61 years,
R/o Malateshwar Nilaya,
Plot No.24, 3rd Cross,
Vivekanand Road,
Vidyagiri, Bagalkot, Tq & District Bagalkot
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional office,
Navanagar, Bagalkot. Respondents
(By Mrs.S.Nirmala, Advocate)
18.Appeal No.2161/2017
1. Mr Basavaraj .
S/o Mr Sangayya Patil,
Aged 66 years,
R/at Sangappa, Mahant Nagar,
Hunagund, Hunagund Tq,
Bagalkot District.
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional Office,
Navanagar, Bagalkot. Respondents
(By Mrs.S.Nirmala, Advocate)
19.Appeal No.2162/2017
1. Mr Hanamanthappa
S/o Mr Yamanappa Mallad,
Aged 65 years
Retd. Employee of Bagalkot Cement Industries,
R/o Sector No.46, 229,
Navanagar-Bagalakot,
Bagalkot Tq. & District.
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cement Industries Ltd.,
Bagalkot Extension Area,
Bagalkot Respondents
20.Appeal No.2163/2017
1. Mr Rajesab
S/o Mr Gudusab Walikar,
Aged 63 years,
Retd., Employee of Bagalkot Cement Industries,
R/at Sector No.36,
Plot No.23,
Bagalkot Tq. & District.
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cement Industries Ltd.,
Bagalkot Extension Area,
Bagalkot Respondents
21.Appeal No.2164/2017
1. Mr Bapusab .
S/o Mr Dastagirsab Walikar,
Aged 59 years,
Retd. Employee of Bagalkot Cement Industries,
R/at Sector No.30,
No.38, Navanagar,
Bagalkot Tq. & District
(By Mr Yogesh L.Hiremath, Advocate)
2. The General Manager
Bagalkot Cement Industries Ltd.,
Bagalkot Extension Area,
Bagalkot Respondents
22.Appeal No.2165/2017
1. Mr Kanakappa
S/o Mr Govindappa Dasar,
Aged 63 years,
R/at Sector No.42,
Plot No.12/C,
Navanagar,
Bagalkot Tq. & District.
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller
NWKRTC Bagalkot Division,
Divisional office,
Navanagar, Bagalkot. Respondents
(By Mrs.S.Nirmala, Advocate)
23.Appeal No.2166/2017
1. Mr Parappa Irappa,
S/o Mr Laxaman Pattar,
Aged66 years,
R/at Mahantesh Nagar
Near Maigur abdukal Darga,
Jamakhandi, Bagalkot District.
(By Mr Yogesh L.Hiremath, Advocate)
2. The Divisional Controller,
NWKRTC Bagalkot Division,
Divisional office,
Navanagar, Bagalkot Respondents
(By Mrs.S.Nirmala, Advocate)
: COMMON ORDER :
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
02. This Commission heard the arguments of the Learned Counsel for the Appellant. Inspite of service of notice on Respondent No.2 in Appeal Nos.2144 and 2145 of 2017, none appeared, hence, their arguments has been taken as heard. In Appeal Nos.2146, 2151, 2152, 2156, 2159, 2162, 2163 and 2164/2017 there is no postal endorsement on the returned envelopes on Respondent No.2 and Respondent No.1 in Appeal No.2161/2017, taking into consideration the vintage of the cases and the age of the Complainants/ Respondents herein, as a special case, the service of notice from this Commission in these cases has been dispensed with to avoid further delay and inconvenience to the Complainants/ Respondents herein. In rest of the Appeals neither the Respondents nor their counsels appeared before this Commission hence, their argument is taken as heard.
03. The District Forum after enquiring into the matter allowed the complaints in part and directed the OP1 The Assistant Provident Fund Commissioner to recalculate the pension payable to the Complainants by 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 each of the complainant along with arrears of pension with interest at the rate of 12% per annum. Also directed the OP1 to give annual relief as per Para 32 of EPS 1995 to all the complainants from the respective due date along with interest at the rate of 12% per annum. Further directed the OP1 to pay Rs.2,000/- each to the Complainants in all the cases towards cost of the litigation expenses. Complaint as against OP2 and 3 are dismissed.
04. Aggrieved by this Order, OP1 The Assistant Provident Fund Commissioner is in Appeal interalia contending amongst other grounds contending that the District Forum failed to note that the minimum pension is only for aggregate pension and not independently for past service and pensionable service separately. The District Forum failed to take into consideration of the fact that the Appellant has rightly calculated the pension to be paid to the Respondents. Thus impugned order is arbitrary, illegal and same deserved to be set aside.
05. Let us examine the details of service particulars of each of the Complainants/Respondents herein, as per the records in all these cases, which is as under:
Appeal No. | Complaint No. |
Date of Birth |
Date of entry into service | Date of retirement | Past service | Actual service |
Age as on retirement |
|---|---|---|---|---|---|---|---|
2144/2017 | 10/2016 | 10.06.1950 | 01.06.1986 | 09.06.2008 | 9 | 12Y 6M 23D | 58 |
2145/2017 | 11/2016 | 25.07.1956 | 01.06.1991 | 29.02.2012 | 4Y 5M 15D | 16Y 3M 14D | 56 |
2146/2017 | 14/2016 | 31.05.1947 | 15.12.1972 | 31.05.2005 | 6 | 9Y 6M 15D | 58 |
2147/2017 | 15/2016 | 01.04.1950 | 09.02.1990 | 31.03.2008 | 4 | 12Y 4M 15D | 58 |
2148/2017 | 29/2016 | 23.01.1948 | 01.05.1982 | 22.01.2006 | 13 | 10Y 2M 6D | 58 |
2149/2017 | 30/2016 | 01.06.1950 | 01.05.1988 | 31.05.2008 | 10 | 13 | 58 |
2150/2017 | 49/2016 | 15.03.1951 | 14.03.1972 | 26.10.2004 | 23 | 9 | 53 |
2151/2017 | 74/2016 | 04.06.1951 | 04.06.1974 | 03.06.2009 | 30 | 14 | 53 |
2152/2017 | 75/2016 | 01.01.1952 | 11.04.1975 | 31.12.2009 | 20 | 14 | 57 |
2153/2017 | 112/2016 | 01.06.1950 | 01.11.1975 | 31.05.2008 | 21 | 12Y 6M 15D | 58 |
2154/2017 | 113/2016 | 01.06.1950 | 01.07.1975 | 31.05.2008 | 21 | 12 | 58 |
2155/2017 | 114/2016 | 17.07.1953 | 12.05.1979 | 01.11.2010 | 16Y 5M 27D | 14 | 57 |
2156/2017 | 115/2016 | 01.06.1953 | 01.06.1975 | 31.05.2011 | 21 | 16 | 58 |
2157/2017 | 119/2016 | 01.06.1957 | 01.10.1989 | 28.02.2009 | 14 | 13 | 52 |
2158/2017 | 122/2016 | 01.11.1952 | 03.07.1979 | 31.07.2010 | 15Y 11M 12D | 14Y 11M 16D | 58 |
2159/2017 | 124/2016 | 28.04.1952 | 11.04.1975 | 27.04.2010 | 20 | 14 | 58 |
2160/2017 | 125/2016 | 01.12.1954 | 05.04.1985 | 30.11.2012 | 11 | 17 | 58 |
2161/2017 | 126/2016 | 05.02.1950 | 01.07.1982 | 29.02.2008 | 13 | 12Y 2M 19D | 58 |
2162/2017 | 146/2016 | 08.12.1950 | 01.06.1983 | 30.04.2006 | 13 | 10 | 56 |
2163/2017 | 147/2016 | 01.10.1982 | 01.06.1981 | 30.04.2006 | 15 | 10 | 54 |
2164/2017 | 148/2016 | 01.06.1957 | 01.06.1983 | 08.02.2006 | 13 | 10 | 49 |
2165/2017 | 202/2016 | 01.06.1954 | 01.11.1983 | 31.05.2012 | 12 | 17 | 58 |
2166/2017 | 222/2016 | 01.06.1950 | 15.05.1978 | 31.05.2008 | 18 | 13 | 58 |
From the above table, it is observed that, the complainants/Respondents herein in Appeal Nos.2144, 2146 to 2151, 2153, 2154, 2157, 2161 to 2164 and 2166 of 2017 have complied with the conditions as per Para 10(2) of EPS 1995, as it stood before 24.07.2009 and hence, they are eligible for weightage of two years.
Further complainants/Respondents herein in Appeal Nos.2152, 2156, 2158, 2159, 2160 and 2165 of 2017 have complied with both the condition as per Para 10(2) of EPS 1995, as it stood after 24.07.2009 and hence, they are also eligible for weightage of two years.
Whereas complainants/Respondents herein in Appeal Nos.2145 and 2155 of 2017 have not complied with both the condition as per Para 10(2) of EPS 1995, as it stood after 24.07.2009 and hence, they are not eligible for weightage of two years.
06. With regard to the eligibility of entitled Monthly Pension it is observed that the complainants/Respondents herein in Appeal Nos.2146, 2148, 2150, 2162, 2163 and 2164 have retired earlier to 15.06.2007 and hence, their entitled Monthly Pension will have to be re-calculated as per Para 12 of EPS 1995, as it stood before 15.06.2007.
Further the eligibility of Monthly Pension it is observed that the Complainants/Respondents herein in Appeal Nos. 2144, 2145, 2147, 2149, 2151 to 2161, 2165 and 2166 have retired after 15.06.2007 and hence, their Monthly Pension will have to be re-calculated as per Para 12 of EPS 1995, as it stood after 15.06.2007.
Further, the fact remains that, the complainants/Respondents herein in Appeal Nos. 2145/2017 and 2155/2017 have not been superannuated, the Appellant is honour bound to follow his own Rules & Regulations and should have subjected these two Members to their entitlement for Reduced monthly Pension at reduction rate of 3% or 4% for every year of short fall in their service, as the age of the Members qualifying for benefits under the PF scheme, falls short of 58 years, as per Para 12.7 of EPS 1995.
07. With regard to benefit claimed under Para 32 of the Scheme i.e., Annual Relief, it is only Central Government which can grant such reliefs and not the OP, as such, the same cannot be granted by the OP.
08. Perused the Impugned Order, documents on record and grounds of Appeal, which reveals that the Complainants/Respondents herein were the member of Employees Provident Fund Organisation; contributed their contribution to the Employees Family Pension Scheme of 1971 and continued to contribute subsequently to the Employees Pension Scheme of 1995 also. The main grievance of the complainants is that there is an error in fixation of their entitled monthly pension by the OP1.
09. On perusal of the synopsis of arguments filed by the Appellant, it is observed that Appellant had revised the monthly pension by granting weightage of two years and also paid arrears of pension to the respective complainants/Respondents herein who are eligible in all these cases appears to be acceptable. However, this Commission is not inclined to accept the contention of counsel for Appellant regarding claim of having re-fixed their entitled monthly pension, as also paid the arrears to the Complainants/Respondents herein well before they filed their respective complaints, since the same is not authenticated or backed up by any acceptable documentary support. In these circumstances, the act of Appellant in not fixing the entitled monthly pension of the complainants/Respondents herein in time definitely amounts to deficiency in service.
With the above observations, the Impugned Order passed by the District Forum necessarily needs to be held as right, in allowing the Complaints in part, which does not call for any interference. However, we are of the considered opinion that awarding of interest @ 12% p.a is slightly on the higher side and reducing the same to 8.25% p.a would meet the ends of justice. Accordingly, the Appeal Nos.2144/2017 to 2166/2017 are allowed in part and consequently, the Impugned Order 11.08.2017 passed in Consumer Complaint Nos.10, 11, 14, 15, 29, 30, 49, 74, 75, 112, 113, 114, 115, 119, 122, 124, 125, 126, 146, 147, 148, 202 and 222/2016 respectively on the file of District Consumer Disputes Redressal Forum, Bagalkot is hereby modified only to the extent of interest awarded by it is concerned. All the other directions to the OP remain intact. The Appellant is directed to comply with this Order within 60 days from the date of this Order.
10. The Statutory Deposit in all these Appeals is directed to be transferred to the District Commission for further needful.
11. Keep the Original of this Order in Appeal No.2144/2017 and copy thereof, in rest of the Appeals.
12. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.
President
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