Citation : 2023 Latest Caselaw 9368 Ker
Judgement Date : 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
CON.CASE(C) NO. 2064 OF 2020
AGAINST WP(C) NO.5105/2020 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER :
KOYISSAN A.
AGED 61 YEARS, RETD. EMPLOYEE OF KELTRON LIGHTING
DIVISION, MUDADI, KOZHIKODE DT.,
EPF.NO.KR/KKD/0012345/000/0000139,
UAN NO.100195779147, RESIDING AT KURUMBARUKANDY HOUSE,
OMASSERY P.O., KODUVALLY, KOZHIKODE-673582.
BY ADV K.K.SATHISH
RESPONDENT/RESPONDENT :
JERIN DAVID M.
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
ASST. PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANIZATION (EPF),
REGIONAL OFFICE, P.B.NO.1806, BHAVISHANIDHI BHAVAN,
ERANHIPALAM P.O., KOZHIKODE-673006.
BY ADV DR.ABRAHAM P.MEACHINKARA
SRI. T R RANJITH, SR. PP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Cont. Case (C) No.2064 of 2020 2
JUDGMENT
W.P.(C) No.5105 of 2020 was disposed of by this Court on 06.3.2020
by issuing directions to the respondent to consider Ext.P2 in the light of the
judgment in P. Sasikumar v. Union of India & Others [ILR 2019(1)
Ker.614] and pass appropriate orders on its merits within a period of six
weeks from the date of production of a copy of the judgment.
2. This Contempt Case was filed on 03.12.2020, complaining that the
directions in the judgment have not been complied with.
3. The learned Standing Counsel appearing for the respondent submits
that pursuant to the orders passed by this Court, the Honourable Supreme
Court has rendered the judgment in Employees Provident Fund
Organisation and Another v. Sunil Kumar and Another
[MANU/SCOR/106874/2022] clarifying and modifying the judgment rendered
by this Court in P. Sasikumar (Supra). It is also submitted that the request
of the petitioner can be considered, and appropriate orders can be passed in
the light of the judgment of the Apex Court within a period of two months
from today.
4. The learned counsel appearing for the petitioner submits that he
has submitted a joint option in terms of the directions in Sunil Kumar
(Supra) on 15.4.2022.
In that view of the matter, this Contempt Case is closed, recording the
undertaking of the learned Standing Counsel for the respondent that the
request made by the petitioner would be considered in the light of Sunil
Kumar (Supra). The right of the petitioner to approach this Court and seek
to reopen the contempt case is reserved.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE NS
APPENDIX OF CON.CASE(C) 2064/2020
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE JUDGMENT DATED 6.3.2020 PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.5105/2020.
ANNEXURE B TRUE COPY OF THE LETTER DATED 30.9.2020 ISSUED BY THE RESPONDENT.
ANNEXURE C TRUE COPY OF THE PROCEEDINGS NO.KR/KKD/PRCELL/WP(C)5105/2020 DATED 22.9.2020 ISSUED BY THE RESPONDENT.
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