Union Of India vs N. Sasidharan
2022 Latest Caselaw 7963 Ker

Citation : 2022 Latest Caselaw 7963 Ker
Judgement Date : 29 June, 2022

Kerala High Court

Union Of India vs N. Sasidharan on 29 June, 2022

                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

submitted that the review petition can be disposed of.