PANJIM: The Goa State Consumer Disputes Redressal Commission has directed the Employees Provident Fund Organisation (EPFO) to pay cost of Rs 20,000 to a worker hardships and sufferings he faced by not taking into account contributions made prior to 1995 while fixing his monthly pension amount.
The employee Arvind Tarte of Honda, Sattari had approached the Goa State Consumer Redressal Commission.
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after the North Goa District Commission dismissed his complaint.
Tarte, who was working at Chowgule and Company Ltd, Vasco, Goa BNB Plant regularly contributed as per the earlier Employees Provident Fund and Miscellaneous Provisions Act, 1971 scheme up to 1995 and also towards subsequent Employees Pension Scheme from 1995 onwards till date of cessation of service through monthly salary deductions.
The appellant contended that the EPFO had not taken into account contributions made prior to 1995 while fixing the monthly pension amount due to which he received a lesser amount of monthly pension than what was rightly deserved by him.
After asking both the contending parties to furnish the correct calculation of pension as viewed by them, the Commission appointed S N Pol, Assistant Director, ESIC as the Commissioner to determine the correctness or otherwise of such Provident Fund/Pension calculations. The Commissioner submitted his report in April 2023, observing that the appellant’s CA calculated pension assuming full length of service in stead of provisions of Employees Pension Scheme 1995. He also verified calculation sheet (s) of seven cases forwarded to him by the Registrar, Government of Goa and the Goa State Consumer Disputes Redressal Commission and concluded that calculations of pension of all seven cases arrived at by the respondent was as per the provisions of ‘Employee Pension Scheme, 1995 and were correct.
Appellant’s counsel Adv Nihal Kamat submitted that pension is a fundamental right and enshrined in Article 21 of Constitution of India and it is clearly evident as seen in the judgment passed in Regional PF Commissioner and another v/s Subash Chandra Banerjee and another. He stated that National Commission had clearly held that the service and contribution made before 1995 must be considered while fixing the pension amount.
