In a contempt petition challenging a High Court judgment that quashed a pension scheme amendment, the Court held that contempt cannot lie since the Supreme Court later upheld the scheme's validity. The petitioner has an independent cause to claim benefits. Rules discharged and petition closed.
Rules stand discharged and the contempt petition is closed.
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 AMIT RAWAL
TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944
CON.CASE(C) NO. 1260 OF 2020
AGAINST THE ORDER/JUDGMENT WP(C) 10505/2018 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER NO.4 IN THW ERIT PETITION:
REMA K.V
AGED 60 YEARS
W/O. K.C. PURUSHOTHAMAN, P.F A/C. NO. KR/KTM/5975/21,
KALARICKALCHIRA HOUSE, THIRUVARPPU P.O, KOTTAYAM
BY ADVS.
C.S.MANILAL
SRI.S.NIDHEESH
RESPONDENT/3RD RESPONDENT IN THE WRIT PETITION:
ANDREWS
S/O. AND AGED NOT KNOWN TO THE PETITIONER,
NOW WORKING AS THE REGIONAL PROVIDENT FUND
COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION,
KALOOR, KOCHI-682 017
BY ADV SRI.S.PRASANTH, SC, EMPLOYEES PROVIDENT FUND
ORGANISATION
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 1260 OF 2020
2
JUDGMENT
Petitioner claimed contempt of the judgment of this Court in W.P.(C).No.10505 of 2018 whereby the Employees’ Pension Scheme (Amendment) 2014 brought into force by notification dated 22.08.2014 had been quashed. The aforementioned judgment was assailed before the Supreme Court and Supreme Court upheld the validity. Thus the contempt would not lie. Petitioner would have an independent cause of action to claim the benefit in terms of the judgment of the Supreme Court. Rules stand discharged. Contempt petition is closed.
Sd/AMIT RAWAL JUDGE
nak
CON.CASE(C) NO. 1260 OF 2020
3
APPENDIX OF CON.CASE(C) 1260/2020
PETITIONER ANNEXURES
Annexure ATRUE COPY OF THE JUDGMENT IN W.P.(C)NO.
17971/15 AND CONNECTED CASES DATED
12.10.2018
Annexure BCERTIFIED COPY OF THE JUDGMENT IN W.P.
(C) NO. 10505/18 DATED 6.12.2018.
1 issue framed by the court
Whether a contempt proceeding can be maintained when the underlying judgment was assailed and upheld by the Supreme Court.
Rema K.V
Andrews
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court