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High Court of KeralaWA/2670/2015disposed of

Union Of India v. S.Surendran

2015-12-18Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice Antony Dominic5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 WA.No. 2670 of 2015 IN WP(C).18556/2014 ------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 18556/2014 of HIGH COURT OF KERALA DATED 31-10-2014 APPELLANT(S)/RESPONDENTS 1 TO 3:

------------------------------- 1.UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVT. OF INDIA MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT NEW DELHI-110001.

2. THE EMPLOYEE PROVIDENT FUND ORGANISATION, REPRESENTED BY THE CHIEF PROVIDENT FUND COMMISSIONER BHAVISHYANIDHI BHAVAN, 14, BHIKAJI CAMA PALACE NEW DELHI-110066.

3. REGIONAL PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANISATION, KALOOR ERNAKULAM-682017.

BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SMT.T.N.GIRIJA, SC,EPF ORGANISATION RESPONDENT(S)/PETITIONERS 1 TO 10 AND THE 4th RESPONDENT : --------------------------------------------------------- 1.S.SURENDRAN, AGED 62 YEARS S/O.LATE SANKARAN, ADDL.TRAFIC SUPERINTENDENT(RETD) P.P.O NO.KR/KCH/00083527 KERALA SHIPPING AND INLAND NAVIGAZTION CORPORATION LTD ERNAKULAM, RESIDING AT KUTTANASSERIL HOUSE SOUTH PARAVOOR.P.O, ERNAKULAM-682307.

2. E.N.VENU, AGED 62 YEARS S/O.LATE.E.K.NARAYANAN, BOAT LASCAR(RETD) P.P.O NO.KR/KCH/00079879 KERALA SHIPPING AND INLAND NAVIGAZTION CORPORATION LTD ERNAKULAM RESIDING AT CHITHRALAYAM(IDIVETTIPARAMBIL) PALLURUTHY, KOCHI-682006.

3. P.J.FRANCIS, AGED 59 YEARS S/O.P.A.JOSEPH, BARGE DRIVER(RETD) P.P.O NO.KR/KCH/00080198 KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD ERNAKULAM, RESIDING AT HO NO.IX/445, NAZREATH COCHIN-682001.

Contd....

WA.No. 2670 of 2015 IN WP(C).18556/2014 :2:

4. N.S.PRATHAPAN, AGED 61 YEARS S/O.LATE.T.K.SUKUMARAN, BARGE DRIVER(RETD) P.P.O NO.KR/KCH/00082190 KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD ERNAKULAM, RESIDING AT THUNDIYIL HOUSE, THAREBHAGAM PALLURUTHY, KOCHI-682006.

5. DARWIN.C.P, AGED 61 YEARS S/O.LATE C.P.PARAMESWARAN, WORKSHOP HELPER(RETD) P.P.O NO.KR/KCH/00080289 KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD ERNAKULAM, RESIDING AT CHETTIPARAMBIL HOUSE THOZHUTHUNKAL PARAMBU, AMBATTUKAVU, ALUVA-683106.

6. P.L.VIJAYAN, AGED 62 YEARS S/O.LATE LAXMANAN, STATION MASTER(RETD) P.F. A/C.NO.KR/KCH/0005170/00X/0000015 KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD ERNAKULAM, RESIDING AT PANAKKAPARAMBIL HOUSE CHITTOOR.P.O, KOCHI-682027.

7. N.K.KRISHNAN, AGED 59 YEARS S/O.KUNJAN, BARGE SYRANG(RETD) P.P.O NO.KR/KCH/00080211 KERALA SHIPPING AND INLAND NAVIGAZTION CORPORATION LTD ERNAKULAM, RESIDING AT NIKATHUTHARA HOUSE, PUTHUVYPEE ERNAKULAM-682508.

8. K.K.ABDUL GAFFOOR, AGED 60 YEARS S/O.LATE KUNJU MUHAMMED, COMMERCIAL OFFICER(RETD) P.P.O NO.KR/KCH/00075394 KERALA SHIPPING AND INLAND NAVIGAZTION CORPORATION LTD ERNAKULAM, RESIDING AT 44/743, KONJITHAICHAL HOUSE NIVYA ROAD, KALOOR, KOCHI-682017.

9. N.K.SUGATHAN, AGED 60 YEARS S/O.KUNJAN BOAT LASCAR(RETD)P.P.O NO.KR/KCH/00080293K KERALA SHIPPING AND INLAND NAVIGAZTION CORPORATION LTD ERNAKULAM, RESIDING AT NIKATHIL HOUSE, MALIANKARA.P.O NORTH PARAVUR, ERNAKULAM-683516.

10. BALACHANDRAN.K.K, S/O.LATE KOCHAN, JUNIOR ASSISTANT(RETD) P.P.O NO.KR/KCH/00080291 KERALA SHIPPING AND INLAND NAVIGAZTION CORPORATION LTD ERNAKULAM, RESIDING AT KALATHIL HOUSE, PANAMBAKADU VALLARPADAM.P.O, KOCHI.

11. THE KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD, TAGORE ROAD, THOPPUMPADY, KOCHI KERALA-682005, REP.BY ITS MANAGING DIRECTOR.

BY SRI.SANTHOSH MATHEW BY SMT.C.S.SINDHU KRISHNAH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/

ANTONY DOMINIC, J. & P.V.ASHA, J.

--------------------------------- ----------------------------------- Dated this the 18th day of December, 2015

J U D G M E N T

Antony Dominic, J.

This appeal is filed by respondents 1 to 3 in W.P.(C) 18556/14 which was filed by respondents 1 to 10, who were the employees of the 11th respondent. The writ petition was disposed of by judgment dated 31.10.2014, following the earlier judgments of this Court and direct as follows: "Following the binding precedents, this writ petition is also disposed of directing that the 8.33% of the employer's contribution, proportionate to the salary of the employee, in excess of Rs.6,500/-, shall now be credited to the Pension Scheme and orders passed in accordance with law. Needless to say the interest accrued in the Provident Fund Account to that extent also will stand transferred to the Pension Account.

The extant employees shall also submit joint applications, along with their employer wherever the same has not been done. The directions above noted shall be complied within three months from the date of receipt of a certified copy of this judgment."

2. It is aggrieved by this judgment, this appeal is filed. Both sides have brought to our notice that a similar issue which was decided by this Court is now pending before the Apex Court in SLP No.16867/13 and 7075/14. Taking note of the pendency of the said SLPs, W.A.1830/14 and other appeals have been disposed of directing as follows: "After hearing, this Court finds that the issue projected in these writ appeals would stand governed by the verdict to be passed by the Apex Court, on the question of law. This being the position, it is not at all necessary to keep these appeals pending before this Court and both these matters can be disposed of, in terms of the verdicts already passed by this Court, subject to the rider that the appellants would be free to proceed with further steps against the party respondents, based on the law to be asserted by the Apex Court in the matters which are pending consideration.

In the above circumstances, these writ appeals are disposed of, in terms of the verdicts as aforesaid, with liberty to the appellants to proceed with further steps against the concerned respondents, based on the verdict to be passed by the Apex Court in the matters which are stated as pending consideration. Implementation of the verdicts under challenge will be subject to the outcome of the proceedings as above."

3. Since the issues raised in this appeal are exactly similar to the appeals already disposed of, this appeal is also disposed of directing that the case in hand will also be governed by the directions in the judgment of this Court in W.A.No.1830/14 referred to above.

Sd/- ANTONY DOMINIC, JUDGE.

Sd/- P.V.ASHA, JUDGE.

ami/ //True copy// P.A. to Judge