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Koyissan A vs Jerin David M
2023 Latest Caselaw 9368 Ker

Citation : 2023 Latest Caselaw 9368 Ker
Judgement Date : 25 August, 2023

Kerala High Court
Koyissan A vs Jerin David M on 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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