Citation : 2021 Latest Caselaw 8538 Ker
Judgement Date : 15 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
RP.No.122 OF 2020 IN WP(C). 17838/2013
AGAINST THE JUDGMENT DATED 25.02.2019 IN WP(C) 17838/2013(D) OF
HIGH COURT OF KERALA
REVIEW PETITIONERS/2ND AND 3RD RESPONDENTS:
1 REGIONAL PROVIDENT FUND COMMISSIONER - I,
EMPLOYMENT PROVIDENT FUND ORGANISATION,
BHAVISHYA NIDHI BHAVAN,
SUB REGIONAL OFFICE, P.B. NO.1805,
ERANHIPALAM P. O.,
KOZHIKODE - 673 006.
2 EMPLOYEES PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE, KARNATAKA,
BHAVISHYA NIDHI BHAVAN NO.13,
RAJARAM MOHANROY ROAD, BANGALORE,
KARNATAKA - 560 025.,
REPRESENTED BY THE PROVIDENT FUND COMMISSIONER.
BY ADV. SMT.NITA.N.S.
RESPONDENTS/ADDITIONAL PETITIONERS 2 AND 3 AND 1ST RESPONDENT:
1 SOSAMMA VARGHESE,
W/O. LATE E.J. GEE VARGHESE,
ERUMALA HOUSE, P.O. PANIPRA,
THRIKKARIYOOR, KOTHAMANGALAM,
ERNAKULAM - 686 692.
2 SHIBI VARGHESE,
S/O. LATE E.J. GEE VARGHESE,
ERUMALA HOUSE, P.O. PANIPRA,
THRIKKARIYOOR, KOTHAMANGALAM,
ERNAKULAM - 686 692.
3 BPL COMPANY LIMITED,
TOOL ROOM DIVISION, PALAKKAD,
REPRESENTED BY ITS EXECUTIVE OFFICER - 678 001.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.122/2020
2
ORDER
Dated this the 15th day of March, 2021
Ravikumar, J.
The petitioner filed the captioned Review Petition
seeking review of the judgment dated 25.02.2019 in W.P.(C)
No.17838 of 2013.
2. When this matter is taken up for consideration, it is
submitted that Advocate Sri. P.V.Baby was the Standing Counsel,
who had appeared for the 1st review petitioner-Regional
Provident Fund Commissioner and Advocate Smt. Nita N.S. was
the Standing Counsel, who had appeared for the 2 nd review
petitioner, in the above mentioned writ petition. In such
circumstances, mistakenly two revision petitions viz. the
captioned review petition and also R.P.No.1237 of 2019 are filed
seeking review of the judgment dated 25.02.2019 in W.P.(C)
No.17838 of 2013.
RP.No.122/2020
3. It is submitted that the aforesaid situation has
occurred solely due to lack of proper communication and as a
consequence, two review petitions seeking review of judgment
dated 25.02.2019 in W.P.(C) No.17838 of 2013 were filed. In the
said circumstances, the learned Standing Counsel seeks
permission to withdraw R.P. No.122 of 2020 without prejudice to
the right of the review petitioner to pursue with R.P. No.1237 of
2019 in W.P.(C) No.17838 of 2013.
Recording the aforesaid submission, the captioned
review petition is dismissed as withdrawn without prejudice to the
right of the review petitioners to pursue with R.P. No.1237 of
2019 in W.P.(C) No. 17839 of 2013.
Sd/-
C.T. RAVIKUMAR, JUDGE
Sd/-
N. NAGARESH, JUDGE SR
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