IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
RP NO. 822 OF 2018
JUDGMENT DATED 16.09.2015 IN WA 1963/2015 OF HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF
EMPLOYMENT, NEW DELHI
THIRUVANANTHAPURAM, PIN - 110 001.
2 REGIONAL PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO),
BHAVISHYANIDHI BHAVAN, PATTOM PALACE,
THIRUVANANTHAPURAM - 695 004.
3 PROVIDENT FUND COMMISSIONER
SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND
ORGANIZATION (EPFO), BHAVISHYANIDHI BHAVAN, KALOOR,
ERNAKULAM - 682 017.
BY ADVS.
N.N.SUGUNAPALAN (SR.)
T.N.GIRIJA
RESPONDENTS/RESPONDENTS:
1 N. SASIDHARAN
SHOWROOM MANAGER, GRADE II, KERALA STATE CO-OPERATIVE
COIR MARKETING FEDERATION LTD NO. 679, ALAPPUZHA, RESIDING
AT MOOZHITHOTTATHU VEEDU, ALAMCODE (VIA),
THIRUVANANTHAPURAM
THIRUVANANTHAPURAM, PIN - 695 102.
2 KAIRALI S.
U.D. TYPIST, KERALA STATE CO-OPERATIVE COIR MARKETING
FEDERATION LTD. NO.679, ALAPPUZHA, RESIDING AT PLAVELA
HOUSE, KARUNNILACODE, EDAVA P.O., VARKALA - 695 311.
3 P. BABY
WATCHMAN, KERALA STATE CO-OPERATIVE COIR MARKETING
FEDERATION LTD. NO.679, ALAPPUZHA, RESIDING AT ANIZHAM,
KURUMANDAL, PARAVUR, KOLLAM - 691 301
R.P. No. 822/2018 :2:
4 BEENA R.
SHOWROOM MANAGER GRADE II, KERALA STATE CO-OPERATIVE COIR
MARKETING FEDERATION LTD NO.679, ALAPPUZHA, RESIDING AT
KADAVILA HOUSE, NEERAVIL, FERINAD P.O., KOLLAM - 691 502
5 K. VIJAYAMOHANAN
SHOWROOM MANAGER GRADE II, KERALA STATE CO-OPERATIVE COIR
MARKETING FEDERATION LTD. NO.679, MAVELIKKARA, ALAPPUZHA,
RESIDING AT PUKAYILATHUNDIL, KANDALLOOR SOUTH P.O., VIA
KAYAMKULAM - 690 535.
6 KISHORE S.
SUPERVISOR, KERALA STATE CO-OPERATIVE COIR MARKETING
FEDERATION LTD. NO.679, ALAPPUZHA, RESIDING AT SREEVILAS,
VADAKKAL P.O., ALLEPPEY - 691 301
7 V. ASOKAN
CLEANER, KERALA STATE CO-OPERATIVE COIR MARKETING
FEDERATION LTD. NO. 679, ALAPPUZHA, RESIDING AT A.R. NILAYAM,
MUTHUKULAM NORTH, ALAPPUZHA - 690 560
8 A. ARJUNACHETTIYAR
SENIOR ASSISTANT, KERALA STATE CO-OPERATIVE COIR MARKETING
FEDERATION LTD. NO. 679, ALAPPUZHA, RESIDING AT ARJUN NIVAS,
YESORAM NAGAR, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM -
682 306
9 AFASALUDDIN
U.D. CLERK (RETIRED), KERALA STATE CO-OPERATIVE COIR
MARKETING FEDERATION LTD. NO. 679, ALAPPUZHA, RESIDING AT
PERURKIZHAKKATHIL, KAREELAKULANGARA P.O., KAYAMKULAM,
ALAPPUZHA - 690 572
10 MERCY LOUIS
JUNIOR SUPERINTENDENT (RETIRED), KERALA STATE CO-OPERATIVE
COIR MARKETING FEDERATION LTD. NO. 679, ALAPPUZHA, RESIDING
AT CHERIYATHUNDATHIL, ARATTUVZHY WARD, ALAPPUZHA - 688 007
11 T.R. VIJAYAKUMAR
REGIONAL OFFICER IN CHARGE (RETIRED), KERALA STATE CO-
OPERATIVE COIR MARKETING FEDERATION LTD. NO. 679, ALAPPUZHA,
RESIDING AT CHERIYATHUNDATHIL, ARATTUVAZHY WARD,
ALAPPUZHA - 688 007
12 V. THILAKARAJAN
ATTENDER (RETIRED), KERALA STATE CO-OPERATIVE COIR
MARKETING FEDERATION LTD. NO. 679, ALAPPUZHA, RESIDING AT
APPAKARAPARAMBIL, PUNNAPRA P.O., ALAPPUZHA - 688 012
13 MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION
(COIRFED), P.B.NO. 4616, ALAPPUZHA - 688 012.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P. No. 822/2018 :3:
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
---------------------------------------------------------
R.P. No. 822 of 2022
in W.A. No. 1963 of 2015
---------------------------------------------------------
Dated this the 29th day of June, 2022.
ORDER
S. MANIKUMAR,CJ.
This Review Petition is filed seeking to review the judgment dated 16.09.2015 in W.A. No. 1963 of 2015.
2. Earlier, on 21.06.2022, this Court disposed of a review petition i.e., R.P. No. 785 of 2018, arising out of the very same subject matter as in the instant case, by stating that the review petitioners have already filed SLPs before the Hon'ble Supreme Court, which are pending consideration.
3. Operative portion of the said judgment reads thus:
"2. On this day, when the matter came up for consideration, Smt.T.N.Girija, learned counsel for the review petitioner submitted that a batch of writ petitions challenging the amendment to the Employees Pension Scheme, 1995 had already been disposed of by a Division Bench of this court vide judgment dated 12.10.2018 in W.P.(C)No.13120/2015 and connected cases. It is also submitted that the review petitioners have already filed SLPs before the Hon'ble Supreme Court, which are pending consideration. 3. In view of the above, she R.P. No. 822/2018 :4: submitted that the review petition can be disposed of.
Accordingly, review petition is disposed of."
As the facts and circumstances and the pleadings are one and the same, following the judgment dated 21.06.2022 in R.P. No. 785 of 2018, instant Review Petition is also disposed of.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv