( 1 ) BEING aggrieved against the order rendered in Writ Petition No. 18021 of 2001 dated 12-10-2001, the above appeal was preferred by the Regional Provident Fund commissioner, A. P. and another. The respondent - Deepak Kulkarni is a member of the provident fund by virtue of his employment in M/s. Bakelite Hylam limited. He submitted a claim in Form 10-D of Employees Pension Scheme, 1995 in June, 2000 for payment of disablement pension. He was referred to Regional Medical Board, gandhi Hospital for the medical examination and report and a certificate about the nature and percentage of the disablement to decide the eligibility for disablement pension under the Employees pension Scheme, 1995 which is framed under the Employees Provident Fund and miscellaneous Provisions Act, 1952. The medical Board issued a report and certificate after examining the respondent herein by letter dated 4-4-2001. The Medical Board certified that the case of the respondent is a permanent disability of 75 to 80%. The case of the respondent was rejected by the second appellant since the disability although permanent, is only to the extent of 75 to 80%, but not total i. e. 100%. According to the respondent,

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