IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Wednesday, the 1st day of June 2022 / 11th Jyaishta, 1944
CONTEMPT CASE(C) NO. 92 OF 2022(S) IN OP 8586/1993
PETITIONERS/4TH AND 5TH RESPONDENT IN OP 8586/1993:
1. THE FEDERAL BANK OFFICERS ASSOCIATION,ALWAYE-683101 REPRESETED BY
ITS GENERAL SECRETARY, SHIMITH P.R, AGED 49, S/O. P.K RAMAKRISHNAN,
RESIDING AT FEDERAL CITY, KARAYAMPARAMBU, ANGAMALY P.O, ERNAKULAM
683572
2. FEDERAL BANK RETIRED OFFICER FORUM (FBROF) FBOA CENTRE, FBOA
BUILDING, ALUVA-683101 REPRESENTED BY ITS GENERAL SECRETARY,
K.T.THOMACHAN, AGED 69, S/O. LATE THOMAS, RESIDING AT VILLA NO. 30,
FEDERAL VILLAGE, ELOOKKARA, MUPPATHADAM P.O, ALWAYE., ERNAKULAM
DISTRICT 683110
BY ADVS.PRAVEEN K.JOY, E.S.SANEEJ, M.P.UNNIKRISHNAN, M.K.SAMYUKTHA,
N.ABHILASH, DEEPU RAJAGOPAL, SANDRA S.KUMAR, T.A.JOY
RESPONDENT/RESPONDENT NO.1 IN OP 8586/1993:
S.D.SINGH REGIONAL PROVIDENT FUND COMMISSIONER-1 EPF REGIONAL
OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR P.O, KOCHI 682 017
BY ADV SRI.SAJEEVKUMAR K.GOPAL,STANDING COUNSEL
This Contempt of court case (civil) having come up for orders on
01.06.2022, the court on the same day passed the following:
AMIT RAWAL, J.
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COC.No.92 of 2022
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Dated this the 1st day of June, 2022
ORDER
The present contempt petition has been filed on behalf of the Federal Bank Officers Association against the respondent for not complying with the judgment of the Single Bench merged into the Division Bench and upheld by the Supreme Court. The direction of the Single Bench was to make the payment of Rs.43 lakhs and odd amount along with interest and also to submit the calculation to the petitioner. The interest was to be paid at the current rate fixed by the central Government for the amount from the date of the judgment till payment. The Division Bench partly modified the judgment and directed the respondents to revoke the figures confining to the exercise as referred to in paragraph 23 of the judgment, but despite that no action was taken. The Supreme Court had dismissed the SLP preferred by the EPF on 12.11.2021. Contempt petition has been filed in 2022 for non-compliance of the judgment in O.P.8586/1993.
2. An affidavit has been filed on behalf of the respondent alleging the compliance of judgment by giving the breakup in COC.No.92 of 2022 2 paragraphs 9 and 10. However, the aforementioned paragraphs do not reveal how that figure has been arrived at ie., respondent is required to give the details of arriving at the figure strictly as per the direction of this Court, which are conspicuously wanting. The act of the respondent prima facie is contemptuous and amounts to willful disobedience.
3. Faced with the situation, learned counsel for the respondent seeks short accommodation to place on record the details with advance copy to the learned counsel for the petitioner.
4. It is made clear that in case the details are not in tandem with the judgments of which the contempt is alleged of, the Regional Provident Fund Commissioner - I executant of the affidavit will be required to appear in this Court.
Post on 13.06.2022.
Sd/-
AMIT RAWAL, JUDGE naksa 01-06-2022 /True Copy/ Assistant Registrar