The Federal Bank Officers ... vs S.D.Singh
2022 Latest Caselaw 6172 Ker

                 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.
                   =================
                        COC.No.92 of 2022
                =====================
                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

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