Kerala High Court
Sukumari C. Karot vs Union Of India on 21 March, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.11440/2025 1/5 Order Date : 21-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 21st day of March 2025 / 30th Phalguna, 1946
WP(C) NO. 11440 OF 2025
PETITIONERS:
1. SUKUMARI C. KAROT AGED 72 YEARS W/O T. V. PAILY,
THURUTHYKOTTISSERYKUDY, KANDANAD P.O, THIRUVANKULAM, ERNAKULAM., PIN
- 682305
2. LIZA KORAH T. AGED 70 YEARS W/O JACOB VARGHESE V., VAYALINKAL HOUSE,
H.NO: 35, P.A.P. ROAD, THAMANNAM, KOCHI, PIN - 682032
3. C. RAMAKRISHNAN AGED 72 YEARS S/O LATE I. NARAYANAN NAIR, "DWARAKA",
SAI LANE, SREE POORNATHRAYEESA ROAD, POONITHURA P.O, KOCHI, PIN -
682038
4. N. JAYARAJ AGED 69 YEARS S/O V. UNNIKRISHNAN NAMBESSAN, "JYOTHIS",
28/2353, KUNNATHUKAD KARIYATHAN KAVU ROAD, THONDAYAD, NELLICODE P.O,
CALICUT, PIN - 673016
RESPONDENT:
1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND
EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SAKTI BHAVAN, RAFI MARGH, NEW
DELHI, PIN - 110001
2. EMPLOYEES PROVIDENT FUND ORGANISATION REPRESENTED BY ITS CHIEF
PROVIDENT FUND COMMISSIONER, 14, BHIKAIJI CAMA PLACE, BHAVISHYA
NIDHI BAHVAN, NEW DELHI, PIN - 110066
3. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
ORGANISATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM., PIN - 695004
4. THE KERALA STATE CO-OPERATIVE BANK REPRESENTED BY ITS MANAGING
DIRECTOR, CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM., PIN - 695033
5. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-
OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
6. KERALA STATE CO-OPERATIVE EMPLOYEE PENSION BOARD REPRESENTED BY ITS
SECRETARY, 7TH FLOOR, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THIRUVANANTHAPURAM, PIN - 695014
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (i) stay the operation and implementation of exhibits p10,
p10a, p10b and p10c (ext.p10 series) and exhibits p8, p8a, p8b and p8c
(ext.p8 series) and all further proceedings pursuant thereto, (ii) direct
the 4th respondent bank to produce the letter no. kscb/ho/hr/9217/2024-25
dt. 20-2-2025 (sent by them to the 6th respondent), before this hon'ble
court and direct the 5th & 6th respondents to inform this hon'ble court of
the action taken by them pursuant thereto ; pending disposal of the writ
petition.
WP(C) No.11440/2025 2/5 Order Date : 21-03-2025
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S ABRAHAM VAKKANAL (SR.), PAUL ABRAHAM VAKKANAL, VINEETHA SUSAN THOMAS,
ANIRUDH INDUKALADHARAN & JEEVAN BABU, Advocates for the petitioners, SRI.
NITA N.S Advocates for R2 & R3, the court passed the following:
WP(C) No.11440/2025 3/5 Order Date : 21-03-2025
W.P(C) Nos.11440 of 2025
MURALI PURUSHOTHAMAN, J.
==========================
W.P(C) Nos.11440 of 2025
==========================
Dated this the 21st day of March, 2025
ORDER
Admit
2. The learned Central Government Counsel takes
notice for the 1st respondent. Smt.Nita N.S takes notice for
respondents 2 and 3. Sri.Gilbert George Correya takes notice
for the 4th respondent. The learned Government Pleader takes
notice for the 5th respondent. Sri.M.Sasindran takes notice for
the 6th respondent.
3. The learned Standing Counsel for EPFO seeks time
to get instructions.
Post on 07.04.2025.
Sd/-
MURALI PURUSHOTHAMAN,
JUDGE
GBG
WP(C) No.11440/2025 4/5 Order Date : 21-03-2025
APPENDIX OF WP(C) 11440/2025
Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.A.NO. 1419/2014 DATED
16-10-2014.
Exhibit P2 TRUE COPY OF THE JUDGMENT DT. 27-6-2012 IN W.A NO.
1099/2012.
Exhibit P2a TRUE COPY OF THE COMMON ORDER DATED 24-08-2022 IN C.A.
NO. 6575/14 ALONG WITH C.A. NO. 6580-6583/14 OF THE
HON'BLE SUPREME COURT.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 25-02-2019 IN W.P.(C)
NO. 25110/2015.
Exhibit P4 TRUE COPY OF THE REPLY DATED 2-6-2020 RECEIVED BY THE
1ST PETITIONER FROM THE OFFICE OF 3RD RESPONDENT.
Exhibit P4a TRUE COPY OF THE REPLY DATED 2-6-2020 RECEIVED BY THE
2ND PETITIONER FROM THE OFFICE OF 3RD RESPONDENT.
Exhibit P4b TRUE COPY OF THE REPLY DATED 2-6-2020 RECEIVED BY THE
3RD PETITIONER FROM THE OFFICE OF 3RD RESPONDENT.
Exhibit P4c TRUE COPY OF THE REPLY DATED 20-6-2020 RECEIVED BY THE
4TH PETITIONER FROM THE OFFICE OF 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF LETTER DATED 7-8-2020 RECEIVED BY THE 1ST
PETITIONER FROM THE 3RD RESPONDENT.
Exhibit P5a TRUE COPY OF LETTER DATED 7-8-2020 RECEIVED BY THE 2ND
PETITIONER FROM THE 3RD RESPONDENT.
Exhibit P5b TRUE COPY OF LETTER DATED 7-8-2020 RECEIVED BY THE 4TH
PETITIONER FROM THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE LETTER DATED 06-01-2021 RECEIVED BY
THE 3RD PETITIONER FROM THE OFFICE OF THE 3RD
RESPONDENT.
Exhibit P6a TRUE COPY OF THE LETTER DATED 11-01-2021 RECEIVED BY
THE 4TH PETITIONER FROM THE OFFICE OF THE 3RD
RESPONDENT.
Exhibit P7 TRUE COPY OF THE ONLINE APPLICATION DT. 29-4-2023
SUBMITTED BY THE 1ST PETITIONER.
Exhibit P7a TRUE COPY OF THE ONLINE APPLICATION DT. 28-4-2023
SUBMITTED BY THE 2ND PETITIONER.
Exhibit P7b TRUE COPY OF THE ONLINE APPLICATION DT. 27-4-2023
SUBMITTED BY THE 3RD PETITIONER.
Exhibit P7c TRUE COPY OF THE LETTER DATED 28-4-2023 GIVEN BY 4TH
PETITIONER TO R3 ALONGWITH HIS DECLARATION.
Exhibit P8 TRUE COPY OF THE REPLY DT. 20-2-2024 TO THE 1ST
PETITIONER BY THE 3RD RESPONDENT.
Exhibit P8a TRUE COPY OF THE REPLY DT. 20-2-2024 TO THE 2ND
PETITIONER BY THE 3RD RESPONDENT.
Exhibit P8b TRUE COPY OF THE REPLY DT. 20-2-2024 TO THE 3RD
PETITIONER BY THE 3RD RESPONDENT.
Exhibit P8c TRUE COPY OF THE REPLY DT. 20-2-2024 TO THE 4TH
PETITIONER BY THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 6-3-2024 FILED BY
THE PETITIONERS BEFORE THE RESPONDENTS 3 TO 6 (WITHOUT
ENCLOSURES).
WP(C) No.11440/2025 5/5 Order Date : 21-03-2025
Exhibit P10 TRUE COPY OF THE ORDER NO.
KR/TVM/PRE-2014/VALIDATION/PPOKRKCH118385/2024/10799
DATED 9-12-2024 ISSUED TO THE 1ST PETITIONER BY THE 3RD
RESPONDENT.
Exhibit P10a TRUE COPY OF THE ORDER
NO.KR/TVM/PRE-2014/VALIDATION/PPO KRKCH75743/ 2024/
10802 DATED 9-12-2024 ISSUED TO THE 2ND PETITIONER BY
THE 3RD RESPONDENT.
Exhibit P10b TRUE COPY OF THE ORDER NO. KR/TVM/PRE2014/VALIDATION/
PPOKRKCH88860/2024/10801 DATED 9-12-2024 ISSUED TO THE
3RD PETITIONER BY THE 3RD RESPONDENT.
Exhibit P10c TRUE COPY OF THE ORDER NO.KR/ TVM/ PRE2014/ VALIDATION/
PPOKRKKD72033/ 2024/10794 DATED 9-12-2024 ISSUED TO THE
4TH PETITIONER BY THE 3RD RESPONDENT.
Exhibit P11 TRUE COPY OF THE LETTER NO. PB/LO/5258(1)/2024 DATED
4-1-2025 BY THE 6TH RESPONDENT TO THE 2ND PETITIONER.
