REGIONAL PROVIDENT FUND COMMISSIONER Vs. H G VIJAYKUMAR

JUDGEMENT

(1.) THIS common order shall decide the 35 cases, detailed above, because they arise from the same impugned orders of the State Commission, rendered on three different dates, vis - -vis 07.06.2013, 06.09.2013 and 29.01.2014. All the appeals filed before the State Commission, were dismissed , while placing reliance on the judgment of this Commission, passed in RP 765 of 2013, in the case of Assistant Provident Fund Commissioner Vs. Vasant Madhav Kerur, decided on 09.04.2013.

(2.) ALL the complainants retired from their services, they were made Members of Family Pension Scheme of 1971 and they opted for Employees' Pension Scheme, 1995. They contend that fixation of pension is to be done in terms of para 12(4) read with para 10(2) of the Employees' Pension Scheme, 1995. All of them were working in Karnataka Agro Industries Corporation Ltd., OP2. It is alleged that the Regional Provident Commissioner, OP1/petitioner, had fixed their pension as per para 12(4) and 12(7) of the Employees' Pension Scheme, 1995. It is alleged that OP1 has not given weightage under Rule 10(2) of Employees Pension Scheme, 1995. All the complaints were partly allowed by the District Forum, in the following terms : -

(3.) AS already mentioned above, the appeals were dismissed by the State Commission.