Citation : 2024 Latest Caselaw 4582 Ker
Judgement Date : 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Tuesday, the 6th day of February 2024 / 17th Magha, 1945
WA NO. 2350 OF 2019
AGAINST JUDGMENT DATED 02/02/2016 IN WP(C) 10520/2011 OF THIS COURT
APPELLANT/LEAVE PETITIONER:
THE CENTRAL BOARD OF TRUSTEES, EPFO REPRESENTED BY ITS ASSISTANT
PROVIDENT FUND COMMISSIONER (LEGAL), REGIONAL OFFICE, BHAVISHYA
NIDHI BHAVAN, P.B.NO.1806, ERANHIPALAM, KOZHIKODE-673 006.
BY ADV.SRI. THOMAS MATHEW NELLIMOOTTIL
RESPONDENTS/PETITIONER & RESPONDENT NO.3 AND 4:
1. CALICUT UNIVERSITY CO-OPERATIVE STORES LIMITED NO.M.24, UNIVERSITY
CAMPUS, P.O.CALICUT UNIVERSITY, MALAPPURAM, REP. BY ITS SECRETARY
673 635.
2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, CO-OPERATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. THE KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION FUND BOARD, REP. BY
ITS SECRETARY, OVER BRIDGE JN., THIRUVANANTHAPURAM-695 001.
BY STANDING COUNSEL SRI. P.C. SASIDHARAN FOR R1
GOVERNMENT PLEADER FOR R2
ADV. SRI. M. SASINDRAN FOR R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the Judgment dated 02.02.2016 of the learned
Single Judge in W.P.(C) No.10520 of 2011 till the disposal of the Writ
Appeal.
This Writ Appeal coming on for orders on 06/02/2024 upon perusing
the appeal memorandum, the Court on the same day passed the following:
AMIT RAWAL & C.S. SUDHA, JJ.
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W.A.No.2350 of 2019
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Dated this the 06th day of February, 2024
ORDER
Amit Rawal , J .
Mr.Thomas Mathew Nellimoottil, learned counsel for the
appellant in support of the contention relied upon the
judgment of a Single Bench (Hon'ble Mr.Justice N.Nagaresh)
in W.P.(C).No.7388 of 2015. The said judgment is under
challenge in writ appeal bearing No.1468 of 2019 which is
pending consideration.
Since the question of law involved is identical, we deem
it appropriate to direct the Registry to tag that appeal with
the present writ appeal in order to avoid any conflict of
opinion.
List both the appeals together on 19.3.2024.
Sd/-
AMIT RAWAL JUDGE
Sd/-
C.S. SUDHA JUDGE skj 06-02-2024 /True Copy/ Assistant Registrar
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