- (1.) THIS revision has been filed by the Regional Provident Fund Commissioner against the judgment and order dated 31. 7.2002 whereby the District Forum ordered the revisionist to treat the petitioner Shri R. K. Rastogi, Members of the Family Pension Scheme from June 75 and to pay him pension in that capacity along with interest at the rate of 12% for the delay caused.
(2.) THE order has been passed on 31.7.02. The revision against this order has been filed on 5.9.02. It was argued that it is beyond time. No limitations has been provided under the Act for revision. Secondly also it was argued by the learned representative for the revisionist Shri K. P Kala that the order of the learned Forum is without jurisdiction and there is no limitation for quashing an order without jurisdiction.
(3.) THE main dispute in this case which cropped up is regarding the jurisdiction of the District Forum. The complainant Shri R. K. Rastogi was employed as Deputy Personnel Manager in the BHEL, Haridwar. He joined service on 6.6.75 and retired on 24.11.96 after enjoying a service for 21 years, 5 months & 18 days, for clarity sake it is taken to be 21 years. He has alleged that he did not get his family pension on his retirement to which he was entitled under the Employee Pension scheme 1995. Then he filed a complaint before the District Forum, Haridwar impleading Executive Director, BHEL and the revisionist, Regional Provident Fund Commissioner. The complaint was filed on 1998. Both the opposite parties of the complaint contested the petition and it was decided on 26.6.01 on merits. In this order, the District Forum directed the opposite parties to pay the family pension to the complainant. No appeal or, revision was filed against this final order on merits and the order became conclusive. When order was not complied ,With, the complainant filed the execution application. That was contested with the objection that the family pension has been paid. In the grounds of revision as well, the revisionist has alleged that pension has been calculated to the petitioner at the rate of Rs. 5311 - per month under the Employee Pension Scheme 1995 and hence the order stands totally complied. According to complainant, this is not correct calculation. He should get a pension at the rate of Rs. 1643/ -.;