Kerala High Court
P.D.Jose vs Prof.(Dr).M.Abdul Rahiman on 12 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
Con.Case(C).No.367 OF 2020 IN WP(C). 26924/2018
AGAINST THE JUDGMENT IN WP(C) 26924/2018(M) OF HIGH COURT OF KERALA
PETITIONER/S:
P.D.JOSE
AGED 62 YEARS
S/O DAVID JOSEPH,PARACKAL HOUSE,
AMAYAPRA.P.O, THODUPUZHA,THODUPUZHA.P.O,
PIN-685584,IDUKKI DISTRICT(RETIRED SECURITY GUARD,C-APT)P.F.A/C
NO.KR/TVM/016122/0000774 (P.P.O.NO.KR/KTM/00032726).
BY ADV. SHRI.ESM.KABEER
RESPONDENT/S:
1 PROF.(DR).M.ABDUL RAHIMAN
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),THE
MANAGING DIRECTOR,
KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING (C-
APT),MANAGING DIRECTOR,HEAD OFFICE,VATTIYOORKAVU,
THIRUVANANTHAPURAM-695013.
2 RANJAY MOOSHAHARI,
(AGE AND FATHER'S NAME KNOWN TO THE PETITIONER),REGIONAL
PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
ORGANIZATION(EPFO),BHAVISHYANIDHI BHAVAN,PATTOM
PALACE,THIRUVANANTHAPURAM,PIN-695004.
R1 BY ADV. SMT.LATHA ANAND
OTHER PRESENT:
SR ADV N N SUGUNAPALAN., NITA .S
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2021, ALONG WITH RP.775/2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
COC No.367/2020 in W.P.(C) No. 26924/2018 &
R.P.No.775/2020 in W.P.(C) No.26924/2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
RP.No.775 OF 2020 IN WP(C). 26924/2018
AGAINST THE JUDGMENT IN WP(C) 26924/2018(M) OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
1 REGIONAL PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND
ORGANISATION(EPFO),BHAVISHANIDHI
BHAVAN,PATTOMPALACE,THIRUVANANTHAPURAM-695004.
2 EMPLOYEES PROVIDENT TRUSTEE,
REP.BY MANAGING TRUSTEE,
EMPLOYEES' PROVIDENT FUND
ORGANIZATION(EPFO),BHAVISHANIDHIBHAVAN,WAZIRPUR,NEW
DELHI-110052.
3 PROVIDENT FUND COMMISIONER-1(PENSION),
BHAVISHANIDHI BHAVAN,14-BHIKAJI CAMA PLACE,NEW DELHI-
110066.
BY ADV. SMT.NITA.N.S.
RESPONDENT/S:
1 P.D.JOSE
S/O DAVID JOSEPH,PARAKAL HOUSE,
AMAYAPARA.P.O,THODUPUZHA,THODUPUZHA.P.O,PIN-
685584,IDUKKI DISTRICT(RETIRED SECURITY GUARD,C-APT),P.F.A/C
NO.KR/TVM/016122/000/0000774
(P.P.O.NO.KR/KTM/00032726)
COC No.367/2020 in W.P.(C) No. 26924/2018 &
R.P.No.775/2020 in W.P.(C) No.26924/2018
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2 ABDUL KHARIM.P.A,
AGED 54 YEARS
S/O ABDUL SAMADKORATTIPARAMBIL,
KANJIRAPPALLY.P.O, (RETIRED AS HELPER,C-APT)P.F.A/C
NO.KR/TVM/0016122/000/0000834.
3 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
INDIA,MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT,
NEW DELHI-110001.
4 KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING,
(C-APT),
REPRESENTED BY MANAGING DIRECTOR,
HEAD OFFICE,VATTYYOORKAVU,
THIRUVANANTHAPURAM-695013.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 12.03.2021, ALONG
WITH Con.Case(C).367/2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
COC No.367/2020 in W.P.(C) No. 26924/2018 &
R.P.No.775/2020 in W.P.(C) No.26924/2018
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JUDGMENT
[ Con.Case(C).367/2020, RP.775/2020 ]
Dated this the 12th day of March 2021
The present contempt case is filed complaining
disobedience of order dated 11.04.2019 in W.P.(C) No.26924 of
2018. The Review Petition is also filed by the Regional
Provident Fund Commissioner against the very same judgment.
2. Learned Senior Advocate N.N.Sugunapalan draws the
attention of the Court to the order of the Honourable Supreme
Court in S.L.P(C) Nos.8658-8659/2019. It is not in dispute that
the implementation pursuant to the judgment of this Court in
W.P.(C) No.26924 of 2018 or consideration of the disobedience
complained in the contempt case, has bearing on the very same
point being considered by the Honourable Supreme Court.
COC No.367/2020 in W.P.(C) No. 26924/2018 &
R.P.No.775/2020 in W.P.(C) No.26924/2018
3. This Court, in view of the above submission, is of the
view that the contempt case and the review petition, for the
present, can be closed, liberty be granted to petitioners herein,
to seek revival of the contempt case and review petition to file,
subject to the outcome of decision of the Honourable Supreme
Court in S.L.P(C) Nos.8658-8659/2019 and batch cases
With the above observation, the contempt case and the
review petition are closed.
Sd/-
S.V.BHATTI
JUDGE
jjj
COC No.367/2020 in W.P.(C) No. 26924/2018 &
R.P.No.775/2020 in W.P.(C) No.26924/2018
APPENDIX OF Con.Case(C) 367/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 11/04/2019
IN W.P(C)NO.26924 OF 2018
ANNEXURE A2 TRUE COPY OF THE COMMUNICATION DATED 22-05-2019
OF THE EMPLOYEES PROVIDENT FUND
ORGANISATION,REGIONAL
OFFICE,THIRUVANANTHAPURAM
ANNEXURE A3 TRUE COPY OF THE SALARY DETAILS OF THE MONTH OF
SEPTEMBER 2013
ANNEXURE A4 TRUE COPY OF THE SALARY DETAILS FOR THE MONTH
OF JUNE 2014.
