In a contempt proceeding, the High Court of Kerala dismissed the petition after the Fourth Petitioner received the pension. Liberty was granted to recall the dismissal if the pension credit did not reflect within two weeks.
Contempt case dismissed with liberty to recall if the fourth petitioner's pension is not credited within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
Con.Case(C).No.1177 OF 2019 IN WP(C). 37810/2017
AGAINST THE ORDER/JUDGMENT IN WP(C) 37810/2017(A) OF HIGH COURT OF KERALA
PETITIONERS:
1 M.J.LALI, AGED 59 YEARS W/O. K.J RAJU, KAIMALIL HOUSE, PERUVA P.O, KOTTAYAM DISTRICT (PF ACCOUNT NO. KR/KCH/2729/1252)
2 MURALEEDHARAN NAIR B., S/O. LATE BALAKRISHNAN NAIR, KRISHNANJALI, SRINGERI ROAD, KALADY, ERNAKULAM 683574 (PF ACCOUNT NO. KR/KCH/2729/1250)
3 UPAYINDRAN P,
S/O. PRABHAKARA MENON, AISWARYAM, MANGALLIA ROAD, NEAR SATELLITE TOWNSHIP, PADAMUGAL, KAKKANAD WEST, ERNAKULAM 682 030
(PF ACCOUNT NO. KR/2729/1229)
S/O. M. ARULAPPAN, KARIMARACHUTTU, AYAVANA P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT (PF ACCOUNT NO. KR/KCH/2729/0721)
S/O. PURUSHOTHAMAN E.N,ROHINI , PATHAM MILE, PANCHIKKAL ROAD, NADAKKAVE P.O, UDAYAMPEROOR, ERNAKULAM 682 307 (PF ACCOUNT NO. KR/9981-C/395)
8 DR. P.P HARIDAS, S/O. LATE P.A PONNAPPAN ACHARI, PATTARAPARAMBIL
Con.Case(C).No.1177 OF 2019 IN WP(C). 37810/2017 2
HOUSE, CHIYYARAM P.O, THRISSUR DISTRICT, 680 026 (PF ACCOUNT NO. KR/KCH/9981-E/647)
9 WINZENT V.K, S/O. V.A KOCHAPPU, VELOOKKARAN HOUSE, MULAMKUNNATHUKAVU, THRISSUR 680 581 (PF ACCOUNT NO. KR/9981-E/022)
10 RAMANI K.P, D/O. PARAMESWARAN NAIR, PONNEMKANDATH HOUSE, VARANDARAPPALLY, THRISSUR 680 303 (PF ACCOUNT NO. KR/9981-E/000035)
BY ADV. SRI.M.P.PRAKASH
RESPONDENTS:
1 B.ANDREWS PRABHU REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, NO. 36/685-A, BHAVISHYA NIDHI BHAWAN, POST BOX NO. 1895,KALOOR, KOCHI 682 017 (KERALA)
2 SUNIL BARTHWAL I.A.S CENTRAL PROVIDENT FUND COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PALACE, NEW DELHI 110 066
R1-2 BY SRI.S.SUJIN, SC, EPFO
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 04.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.1177 OF 2019 IN WP(C). 37810/2017 3
JUDGMENT
Dated this the 4th day of November 2019 Adv.S.Sujin appearing for respondents
places on record the disbursement of pension to
the fourth petitioner.
Adv.Prakash.M.P appearing for petitioners
states that only the fourth petitioner is yet to
receive the pension pursuant to the direction
issued by this Court. From the latest
communication, it is clear that steps in this
behalf are already taken. The contempt cases need
not be kept pending. Contempt case is dismissed.
Liberty is granted to petitioner to request for
recalling the instant order if the amount is not
credited to fourth petitioner's account within two
weeks from today.
Sd/S.V.BHATTI JUDGE
RMV
Con.Case(C).No.1177 OF 2019 IN WP(C). 37810/2017 4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE LETTER DATED 27-12-2018 OF THE 2ND RESPONDENT ANNEXURE A TRUE COPY OF THE LETTER DATED 27-12-2018 OF THE 2ND RESPONDENT ANNEXURE 1 TRUE COPY OF JUDGMENT DATED 31-10-2014 IN W.P(C) NO. 25345/2014 ANNEXURE 6 A TRUE COPY OF THE LETTER DATED 22-03-2019 OF THE 6TH PETITIONER. ANNEXURE III TRUE COPY OF THE LETTER DATED 15-10-2018 OF THE EMPLOYER ANNEXURE IV A TRUE COPY OF THE UNDERTAKING SUBMITTED BY THE 6TH PETITIONER. ANNEXURE V A TRUE COPY OF THE LETTER DATED 06-03-2019 OF THE 1ST RESPONDENT ANNEXURE VIII A TRUE COPY OF THE ORDER DATED 01-04-2019 OF THE HON'BLE SUPREME COURT OF INDIA.
1 M.J.LALI
2 MURALEEDHARAN NAIR B.
3 UPAYINDRAN P
4 M.M JOSEKUTTY
5 STANISLAUS A
6 BABU K.M
S.V. BHATTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court