BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 09.01.2025 PRESENT Mr. K.B.SANGANNANAVAR: JUDICIAL MEMBER / I/c PRESIDENT Mrs. DIVYASHREE M: LADY MEMBER APPEAL NOs.:-5 to 64, 71 to 99, 201 to 219, 340 to 345, 350 to

434, 439 to 539, 543 to 644, 646 to 737, 742 to 766, 834 to

907, 1093 to 1118, 1327 to 1332, 1340 to 1549, 1583, 1994 to 1999 of the year 2022 APPELLANTS IN APPEAL Nos.05 to 64, 71 to 99, 201 to 219, 340 to 345, 350 to

434, 439 to 539, 543 to 644, 646 to 737, 742 to 766, 834 to

907, 1093 to 1118, 1328 to 1332 of 2022 The Regional Provident Fund Commissioner, Employees P.F. Organization, Sub-Regional Office, Bhavishya Nidhi Bhavan No.109-128, 2nd Stage, Gayathripuram, Mysuru-570019.

APPELLANTS IN APPEAL Nos.1994 to 1999 of 2022 The Assistant Provident Fund Commissioner (Pension), Sub Regional Office, Provident Fund Building, Chickmagalur District.

APPELLANTS IN APPEAL Nos.1530, 1531, 1534 to 1538, 1540 to 1549 of 2022 The Assistant Provident Fund Commissioner (Pension), Bhavishya Nidhi Bhavan, Regional Office, Silva Road, Highlands, Mangaluru-575002.

APPELLANTS IN APPEAL Nos.1327, 1340 to 1529, 1532 & 1533, 1539, 1583 of

2022 The Regional Provident Fund Commissioner, Sub Regional Office, Karthik Plaza, 1^st Floor, Durgigudi Main Road, Shivamogga-577201.

-Versus-

RESPONDENTS IN CONCERNED APPEALS RA/54/2021 Singe gowda EA/77/2016 S/o late Singe Gowda, A/05/2022 CC/38/2014, No.340, Sri Harikrupa Kuvempunagara, Mandya.

DCDRC, Mysuru RA/55/2021 Kempe Gowda EA/259/2016 S/o Annaiah, A/06/2022 CC/1463/2014 No.4015, Shankar Nagar, DCDRC, Mysuru Opp. Park, Mandya.

R.Kempe Gowda RA/56/2021 S/o Sidde Gowda, EA/81/2016 Age 68 years A/07/2022 CC/44/2014 R/o Lakshmi Krupa, No.1887, DCDRC, Mysuru V.V. Nagar, Kallhally, Mandya – 571401.

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204 COMMON ORDER IN APPEAL NOs.:-

5 to 64, 71 to 99, 201 to 219, 340 to 345, 350 to 434, 439 to 539, 543 to 644, 646 to 737, 742 to 766, 834 to 907, 1093 to 1118, 1327 to 1332, 1340 to 1549, 1583, 1994 to 1999 of the year 2022 BY Mr.KRISHNAMURTHY.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER & I/C PRESIDENT.

1. These appeals are filed by Appellant/Employees Provident Fund Organisation (EPFO)/OP are arising out of Executions/Consumer complaints/Review applications on the file of District Forums i.e. Mandya – 516 cases, Shivamogga – 195 cases, Mysuru – 108 cases, Mangaluru – 17 cases, Hasan –

4 cases, Chickmagaluru – 2 cases.

2. S ince, question of law and facts involved almost same are taken together to decide by this common order as per order dtd.29.09.2023 & 18.03.2024 passed by Hon'ble National Commission in RP/1995/2023 and RP/724/2024 respectively and also to make it convenient to the parties to the appeal to avoid conflict of decisions.

3. It is to be noted herein that the Appellants/EPFO had segregated these appeals in five sets consisting of Mandya DF, 205 Shivamogga DF, Mysuru DF, Mangaluru DF, and Hassan/Chickmagaluru DF. The cases pertains to Mandya DF are– 516, Shivamogga DF are – 195 cases, Mysuru DF are – 108 cases, Mangaluru DF are – 17 cases, Hasan/Chickmagaluru DF are – 6 cases. All these cases are to be decided together as they are the five sets of leading cases.

4. The Commission examined the impugned orders passed in Consumer complaints/Executions/Review Petitions in all these cases. We have examined the appeal papers and heard the learned counsels for the respective parties.

5. Now the point that arise for consideration of the Commission would be:

(1) Whether Appellants/EPFO has made out grounds to give direction to the respective Executing District Commissions i.e. Mandya DF, Mysuru DF, Shivamogga DF, Mangaluru DF, Hassan/Chickmagaluru DF respectively in 842 cases to recalculate the pensions of the scheme members/Complainants/decree holders/awardees as the case may be, as clarified by the Central Govt., on 10.05.1999 and as per the amended provisions of the