State Consumer Disputes Redressal Commission
The Asst. Provident Fund Commissioner, vs Nandeppa, on 5 May, 2023
Daily Order Date of Filing : 02.11.2017 Date of Disposal : 05.05.2023 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) DATED : 05.05.2023 PRESENT HON'BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT APPEAL Nos.2168/2017 to 2186/2017 The Asst. Provident Fund Commissioner, Regional Office 2nd Floor, Garaladinni Complex, Saath Kacheri Road, Raichur-584 101. (By Mrs Nandita Haldipur, Advocate) Appellant (Appellant is same in all the Appeals) -Versus- 1.
Appeal No.2168/2017
1. Mr Nandeppa, S/o Mr Girimallappa Tuppad, Age 67 years, R/o Rameshwar Colony, Girish Nagar, Jamakhandi, Bagalkot District
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot. Respondents (By Mrs. Nirmala S Advocate) 2.Appeal No.2169/2017
1. Mr Gurupadappa, S/o Mr Rudrappa Mugati, Age 66 years, Occ: R/o Mugati Galli, Banahatti, Jamakhandi, Bagalkot District.
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 3.Appeal No.2170/2017
1. Mr Allappa, S/o Mr Basalingappa Kumbar, Age 65 years, R/o Villagaddi Oni, Near Veerabhadraeshwara Temple, At Post & Tq :Jamakhandi, Bagalkot District
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot. Respondents (By Mrs. Nirmala S Advocate) 4.Appeal No.2171/2017
1. Mr Sabanna, S/o Mr Mallappa Bisanal, Age 66 years, R/o Shiraguppi, Tq: Jamakhandi Bagalkot District Respondents (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 5.Appeal No.2172/2017
1. Mr Bharamappa, S/o Mr Basappa Padasalagi, Age 75 years, R/o Kadapatti, Tq: Jamakhandi, Bagalkot District.
(By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 6.Appeal No.2173/2017
1. Mr Sangappa, S/o Mr Shivappa Hargan, Age 64 years, R/o Maitri Galli, Ward No.5, At Post & Tq: Jamakhandi, Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 7.Appeal No.2174/2017
1. Mr Krishnaji, S/o Mr Anant Kulkarni, Age 64 years Retd., employee of Godavari Sugar Mill Ltd., Sameerwad, C/o M.V.Anawatti, Shivasagar Park, 2nd Main, 4th Cross, Gomanagatti Road, Hubli, Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Managing Director.
Godavari Sugar Mill Ltd..
Sameerwad.
Tq:Mudhol.
Bagalokot District. Respondents (By Mr P.S.Manjunath, Advocate) 8.Appeal No.2175/2017
1. Mr Chandrashekar, S/o Mr Gurubasappa Shedabal, Age 69 years, R/o Junjurkop Galli, Mudhol, Tq: Mudhol, Bagalkot District.
(By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 9.Appeal No.2176/2017
1. Mr Ajamuddin, S/o Mr Shamasuddin Hundekar, Age 65 years, Occ:Rtd. KSRTC Employee Residence of Rameshwar Colony, Jamakhandi.
(By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 10.Appeal No.2177/2017
1. Mr Basalingappa, S/o Mr Guruppa Dalal, Age 77 years, R/o Bazar Road, At Post: Lokapur, Tq: Mudhol, Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 11.Appeal No.2178/2017
1. Mr Liyakat, S/o Mr Balekhan Teradal, Age 63 years, R/o Ramateertha Road, Near Forest Office, At Post & Tq. Jamakhandi Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 12.Appeal No.2179/2017
1. Mr Parashuram, S/o Mr Durgaji Ganachari Age 63 years, R/o Bharpet Galli, Near Shivaji Circle, At Post & Tq. Jamakhandi Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 13.Appeal No.2180/2017
1. Mr Ilahi, S/o Mr Suleman Ghori, Aged about 64 years, R/at Pendari Galli, Jamakhandi Post & Tq., Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 14.Appeal No.2181/2017
1. Mr Abdul Khadar, S/o Mr Babusab Qureshi, Aged about 61 years, R/at Sadanad Colony, Oni Plot, Jamakhandi Post & Tq., Bagalkot District.
(By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 15.Appeal No.2182/2017
1. Mr Mehaboobpasha, S/o Mr Hakisab Pendari, Aged about 68 years, R/at Bharpetgalli, Near Shivaji Circle, Jamakhandi Post & Tq., Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 16.Appeal No.2183/2017
1. Mr Basavaraj, S/o Mr Shrishailappa Malabadi, Aged about 62 years, R/at Hulyal, Jamakhandi Tq., Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 17.Appeal No.2184/2017
1. Mr Hussensab, S/o Mr Kutubuddin Sangtrass, Aged about 68 years, R/at Bharpet Galli, Near Shivaji Circle, Jamakhandi Post & Tq., Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 18.Appeal No.2185/2017
1. Mr Rajasab, S/o Mr Chandasab Reradal, Aged about 63 years, R/at Rameshwar Colony, Near Housing Society Jamakhandi Post & Tq., Bagalkot District.
(By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) 19.Appeal No.2186/2017
1. Mr Ahamed, S/o Mr Husainsab Choudari, Aged about 63 years, R/at Momin Galli Jamakhandi Post & Tq., Bagalkot District (By Mr. Santhosh S Nagarale, Advocate)
2. The Divisional Controller, NWKRTC Bagalkot Division, Divisional office, Navanagar, Bagalkot Respondents (By Mrs. Nirmala S Advocate) : COMMON ORDER :
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
1. These Appeals are filed under Section 15 of Consumer Protection Act 1986 by the OP, aggrieved by the Common Order dated 17.08.2017 passed in Consumer Complaint Nos.87/2016 to 103/2016, 106/2016 and 107/2016 respectively on the file of District Consumer Disputes Redressal Forum, Bagalkot (for short, the District Forum). Since the facts and law involved in all these cases are one and the same, they have been taken up together for consideration
2. Heard the arguments of the Learned Counsel for Appellant, Respondent Nos 1 & 2 in all the appeals except Respondent No.1 in Appeal No.2168/2017, 2169/2017 and 2170/2017 since inspite of service of Notice on Respondent No.1 in these appeals none appeared, hence their arguments have been taken as heard.
3. The brief facts of the Complaints before the District Forum are that the complainants came to know that there are errors in calculation of their Pension fixed by the Assistant Provident Fund Commissioner/OP1 and inspite of repeated requests and even for the Legal Notice issued to OP1, he did not comply with the demands made therein. OP1 though contested the cases before the District Forum, neither filed his version nor Affidavit Evidence but orally submitted that they filed Appeal before the Hon'ble State Commission for transfer of these cases, to which Appellant has not produced any certified copies of the same. OP2 in his Version admitted that complainants were his Employees and during their employment, their contributions and all their necessary service particulars furnished to the OP1. In view of rival contentions of the parties to the Complaints, the District Forum after enquiring into the matters, allowed the Complaints partly and directed the Assistant Provident Fund Commissioner, Raichur to re-calculate the pension payable to each of 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 Complainants, along with arrears of Pension, with interest @ 12% p.a. Further directed to pay annual relief as per Para 32 of the EPS 1995 and Rs.2,000/- to each of the Complainants as cost of the litigation expenses and mental agony. Further, the District Forum Dismissed the Complaint as against OP2/The Divisional Controller, NWKRTC, Bagalkot / The Managing Director, Godavari Sugar Mill Ltd., Bagalkot in CC No.93/2016. Being aggrieved by this Order, OP1/Assistant Provident Fund Commissioner in these Appeals contended that he had filed detailed statement of objections by giving all the details and rightly fixed the Pension payable to the Complainants by granting weightage of two years and arrears of Pension have also been paid to the complainants, but, District Forum has erroneously come to the conclusion that there is deficiency in service and passed common orders in respect of all the Complaints and directed to re-calculate the pension by granting weightage of two years, interest and cost to the Complainants, which deserves to the set aside, as such, this Commission has to examine whether such an Order is sustainable under law?
4. Let us examine the details of service particulars of each of the Complainant on record, which are as hereunder:
Appeal No. Complaint No. Date of Birth Date of joining Date of retirement Past service Actual service Retirement age 2168/2017 87/2016 05.04.1949 01.06.1971
03.04.2007 24 11 58 2169/2017 88/2016 01.06.1950 01.06.1990 05.08.2004 05 07 55 2170/2017 89/2016 01.04.1951 01.06.1976 31.03.2009 19 13 58 2171/2017 90/2016 02.06.1950 01.06.1988 01.06.2008 07 13 58 2172/2017 91/2016 24.12.1941 01.06.1971 31.12.1999 24 04 58 2173/2017 92/2016 01.06.1952 01.06.1979 31.05.2010 15Y 10M 14 58 2174/2017 93/2016 01.06.1952 01.06.1980 31.05.2010 15 14 58 2175/2017 94/2016 12.05.1947 01.06.1971 31.05.2005 24 09 58 2176/2017 95/2016 16.09.1952 01.06.1976 15.09.2010 18Y 8M 14 58 2177/2017 96/2016 19.02.1939 01.06.1971 28.02.1997 24 01 58 2178/2017 97/2016 31.10.1951 01.06.1976 30.10.2009 19 14 58 2179/2017 98/2016 01.12.1952 01.06.1975 30.11.2010 20 15 58 2180/2017 99/2016 01.06.1952 01.06.1976 31.05.2010 18Y 9M 15 58 2181/2017 100/2016 01.01.1954 01.06.1982 31.12.2011 12Y 9M 16 58 2182/2017 101/2016 01.06.1948 01.06.1977 01.06.2006 18 10 58 2183/2017 102/2016 22.07.1954 01.06.1991 13.08.2009 04 11 56 2184/2017 103/2016 01.10.1948 01.06.1980 01.10.2006 15 11 58 2185/2017 106/2016 10.08.1952 01.06.1978 09.08.2010 16Y 7M 14Y 7M 58 2186/2017 107/2016 02.06.1952 01.06.1983 01.06.2010 11Y 9M 12 58 As per the contents of the above table and as per Para 10 (2) of EPS as it stood before 24.07.2009, the PF members are required to fulfil the condition of either attaining the age of 58 years or completion of pensionable service of 20 years, as on the date of retirement. Thus, Complainants in Appeal Nos.2168, 2170 to 2172, 2175, 2177, 2182, 2184 of 2017 have retired from their service earlier to 24.07.2009, they are entitled for weightage of 2 years, since they have complied with the condition, as laid down in Para 10 (2) of EPS, as it stood before the amendment to 24.07.2009.
As per Para 10 (2) of EPS, as it stood after 24.07.2009, the PF members are required to fulfil the condition of attaining the age of 58 years and completion of pensionable service of 20 years, as on the date of retirement. Thus Complainants in Appeal Nos.2173, 2174, 2176, 2178 to 2181, 2185 and 2186/20017 have retired from their service after the amendment to 24.07.2009, they are entitled for weightage of 2 years, since they have complied with both the condition as laid down in Para 10 (2) of EPS, as it stood after the amendment to 24.07.2009.
Whereas Complainants in Appeal No.2169/2017 and 2183/2017 retired prior to attaining the age of 58 years and not rendered eligible service of 20 years and they have not complied with the condition of Para 10 (2) of EPS 1995, hence, they are not eligible for weightage of two of years.
5. With regard to the eligibility of Monthly Pension, it is seen that the Complainants in Appeal No.2168, 2172, 2175, 2177, 2182 and 2184/2017 have retired before the amendment to 15.06.2007 of EPS 1995 and hence, their Monthly Pension will have to be re-calculated as per Para 12 of EPS 1995, as it stood before 15.06.2007.
Similarly, Complainants in Appeal 2170, 2171, 2173, 2174, 2176, 2178, 2179, 2180, 2181, 2185 and 2186/2017 have retired after the amendment to 15.06.2007 of EPS 1995 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.
Though Complainant in Appeal No.2169/2017 is not eligible for weightage of two years, but his Monthly Pension will have to be calculated as per Para 12 at it stood before to the amendment of 15.06.2007. Likewise, Complainant in Appeal No. 2183/2017 is also not eligible for weightage of two years but his monthly pension will have to be calculated as per Para 12 at it stood after to the amendment of 15.06.2007. If the Complainants have not been superannuated, the Appellant is honour bound to follow his own Rules & Regulations and should have subjected these 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.
6. With regard to benefit under Para 32 of the Scheme i.e., Annual Relief, it is only Central Government which can grant such reliefs and not the OP1, as such the same cannot be granted by the OP1.
7. It is not in dispute that the Complainant/Respondent in each of the case were employees of NWKRTC, Bagalkot Division and Godavari Sugar Mill Ltd., Bagalkot and during their service they have joined the Employee Provident Fund Scheme, they contributed to the Employees Family Pension Scheme of 1971 and subsequently, they continued to contribute to the Employees Pension Scheme of 1995. It is pertinent to note here that, the Learned Counsel for Appellant submitted that they had granted two years of weightage, revised the Monthly Pension and paid the arrears to the Complainants, however to that effect they have not produced any cogent evidence and when they revised the Monthly Pension of the Complainants and paid the arrears. In the circumstances, this Commission is of the considered opinion that the Impugned Order passed by the District Forum is just and proper. 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, Appeals are allowed in part and consequently, the Impugned Common Order dated 17.08.2017 passed in Consumer Complaint Nos.87/2016 to 103/2016, 106/2016 and 107/2016 respectively on the file of District Consumer Disputes Redressal Forum, Bagalkot is hereby modified only to the extent of interest awarded by the District Forum is concerned. The cost of Rs.2,000/- awarded to each of the complainant awarded by the District Forum shall also remain un-disturbed and the Appellant is directed to comply with this Order within 60 days from the date of this Order, if not already complied with.
8. The statutory deposit in all these Appeals is directed to be transferred to the District Commission for further needful.
9. Keep the Original of this Order in Appeal No.2168/2017 and copy thereof, in rest of the Appeals.
10. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.
President *s