REGIONAL PROVIDENT FUND COMMISSIONER, BELLARY Vs. MOHAMMAD KHASIM

JUDGEMENT

(1.) THE respondents/complainants were employees of Tungabhadra Steel Products Ltd.. The complainants got enrolled under the Employees Provident Fund Scheme 1952 and consequently became members of the Employees Family Pension Scheme 1971. They had been making contribution under the aforesaid Scheme, till the time a new scheme called Employees Pension Scheme 1995 came into force. On coming into the force of the 1995 Scheme, the complainants opted for the said scheme. On their exercising the said option, the contributions which they had made under the Employees Family Pension Scheme 1971 were transferred to the 1995 Scheme. The complainants thereafter continued to make contributions to the Employees Pension Fund under the 1995 Scheme, till the date they superannuated.

(2.) PARA 10 of the Employees Pension Scheme, 1995, before it came to be amended with effect from 24 -07 -2009, read as under:

(3.) THE complainants, on their retirement from service were not given weightage of two years in terms of Sub -Para (2) above, for the purpose of calculating the pensionable service. Being aggrieved from the failure of the petitioner to give the aforesaid weightage and consequently fixing lesser pension, the complainants approached the Bellary District Consumer Disputes Redressal Forum (for short, the District Forum) for redressal of their grievance.