Kerala High Court
Jyothish Kumar S vs Union Of India on 17 January, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945
WP(C) NO. 26445 OF 2020
PETITIONERS:
1 JYOTHISH KUMAR S.
AGED 58 YEARS
S/O.SHANMUGHAN, CHIRAYIL, MARU SOUTH, ALUMKADAVU P.O.,
KARUNAGAPPALLY, KOLLAM - 690 573.
2 SREEKUMAR S.D.,
AGED 58 YEARS
S/O.DAMODHARAN, SREEKUMAR SADANAM VEDIVECHANCOIL P.O.,
THIRUVANANTHAPURAM - 695 501.
3 ABOOBACKER M.
AGED 58 YEARS
S/O.BEERAN, CHANDERKUNJ ARMY TOWERS, C-BLOCK, FLAT
NO.C-704, SILVER SAND ISLAND, THYKOODAM, VYTILLA,
ERNAKULAM - 682 019.
4 VANAJA K.
AGED 58 YEARS
D/O.RAGHAVAN K., SREELAKSHMI HOUSE, ELAMBACHI P.O.,
KASARAGOD - 671 311.
5 JOHNSON T.J.,
AGED 59 YEARS
S/O.JOHN, EDACHERRI, PALLIKKUNNU P.O.,
KANNUR - 670 004.
6 RENJITH MANUEL,
AGED 59 YEARS,
S/O.MATHAN MANI, ELAVUNKAL HOUSE, GREENS, PAROPPADI,
MARIKUNNU P.O., KOZHIKODE - 673 012.
7 DURGABAI C.A.,
AGED 58 YEARS
D/O.AYYAPPAN C.C., GADHA, GOLF LINK ROAD, GOLD LINK
ENCLAVE, CHEVAYOOR P.O., KOZHIKODE - 673 017.
8 ULLASAN P.M.,
AGED 58 YEARS
S/O.MADHAVAN P.I., PALLATH HOUSE, PERINJANAM WEST P.O.,
THRISSUR - 680 686.
9 GEETHA V.B.,
AGED 57 YEARS
D/O.BALAKRISHNAN V., T.C./38/1907, VAPPALA HOUSE,
POOTHOLE P.O., THRISSUR - 680 004.
10 DAISY BENNY,
AGED 58 YEARS,
D/O.BENNY K., PYNADATH HOUSE, ROSE LANE,
THOTTAKATTUKARA P.O., ALUVA - 683 108.
WP(C) NO. 26445 OF 2020
2
11 SAHITHY DAS,
AGED 58 YEARS,
D/O.SATHYA DAS, VISHASERY, TRA.22, THUMPAR,
MUNDAKKAL, KOLLAM - 691 001.
12 MONICA H.,
AGED 58 YEARS
D/O.HENRY THOMAS, ANJU NIVAS, ERAVIPURAM NORTH, 84
ERA NAGAR, ERAVIPURAM, KOLLAM - 691 011.
13 SURESH V.,
AGED 58 YEARS
S/O.VELAPPAN PILLAI, T.C.50-50/4, MNRA-17,
THAMARAM, KALADY, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 002.
14 RADHAKRISHNAN NAIR M.,
AGED 58 YEARS
S/O.MADHAVAN PILLAI, MARUTHARATHALAVEEDU, EDAKODE,
NEMOM P.O., THIRUVANANTHAPURAM - 695 520.
15 SHAJAHAN P.,
AGED 61 YEARS
S/O.PEERMUHAMMED, A.F.MANZIL, KANDALA P.O.,
KATTAKKADA, THIRUVANANTHAPURAM - 695 512.
16 SUNILA V.G.,
AGED 60 YEARS
D/O.GOPALAN V.N., MLR 27B, MANGALAM LANE,
SASTHAMANGALAM, THIRUVANANTHAPURAM.
17 RAJAN,
AGED 59 YEARS,
S/O.KESAVAN, SHYLAJA MANDIRAM, KOLLAM - 691 601.
BY ADVS.
KMV.PANDALAI
SMT.S.HEMALATHA
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF
EMPLOYMENT, NEW DELHI - 110 001.
2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION,
REPRESENTED BY THE CHIEF PROVIDENT FUND
COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI
CAMA PALACE,NEW DELHI - 110 066.
3 THE REGIONAL PROVIDENT FUND COMMISSIONER,
THE EMPLOYEES'S PROVIDENT FUND ORGANIZATION,
PATTOM, THIRUVANANTHAPURAM - 695 004.
WP(C) NO. 26445 OF 2020
3
4 THE KERALA STATE CO-OPERATIVE FEDERATION
FOR FISHERIES DEVELOPMENT LTD.
(MATSYAFED), KAMALESWARAM, MANACAUD P.O.,
THIRUVANANTHAPURAM - 695 009, REPRESENTED BY ITS
MANAGING DIRECTOR.
BY ADVS.
SMT. NITA N.S, SC, EPFO
SRI.T.P.PRADEEP, SC, MATSYAFED
SRI. S MANU (DSGI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 26445 OF 2020
4
JUDGMENT
The learned Standing Counsel appearing for the Employees Provident Fund Organization would submit that the matter stands covered by the judgment of the Supreme Court in The Employees Provident Fund Organization & Anr. v. Sunil Kumar B & Others; 2022 (6) KLT 234.
In the light of the judgment in Sunil Kumar B & Others (supra), the writ petition will stand closed.
Sd/-
GOPINATH P. JUDGE DK WP(C) NO. 26445 OF 2020 5 APPENDIX OF WP(C) 26445/2020 PETITIONER EXHIBITS EXHIBIT P1 COPY OF JUDGMENT DATED 12/10/2018 IN W.P.(C) 13120/15 AND CONNECTED CASES. EXHIBIT P2 COPY OF ORDER DATED 1/4/2019 IN SLP NO.9610/2019.
EXHIBIT P3 COPY OF NOTICE DATED 4/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P3(A) COPY OF NOTICE DATED 8/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P3(B) COPY OF NOTICE DATED 08/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER.
EXHIBIT P3(C) COPY OF NOTICE DATED 14/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER.
EXHIBIT P3(D) COPY OF NOTICE DATED 08/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 5TH PETITIONER.
EXHIBIT P3(E) COPY OF NOTICE DATED 25/08/2020 ISSUED BY THE 3RD RESPONDENT TO THE 6TH PETITIONER.
EXHIBIT P3(F) COPY OF NOTICE DATED 14/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 7TH PETITIONER.
EXHIBIT P3(G) COPY OF NOTICE DATED 08/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 8TH PETITIONER.
EXHIBIT P3(H) COPY OF NOTICE DATED 25/08/2020 ISSUED BY THE 3RD RESPONDENT TO THE 9TH PETITIONER.
EXHIBIT P3(I) COPY OF NOTICE DATED 14/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 10TH PETITIONER.
EXHIBIT P3(J) COPY OF NOTICE DATED 14/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 11TH PETITIONER.
EXHIBIT P3(K) COPY OF NOTICE DATED 14/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 12TH PETITIONER.
WP(C) NO. 26445 OF 2020 6 EXHIBIT P3(L) COPY OF NOTICE DATED 14/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 13TH PETITIONER.
EXHIBIT P3(M) COPY OF NOTICE DATED 08/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 14TH PETITIONER.
EXHIBIT P3(N) COPY OF NOTICE DATED 16/05/2020 ISSUED BY THE 3RD RESPONDENT TO THE 15TH PETITIONER.
EXHIBIT P3(O) COPY OF NOTICE DATED 14/09/2020 ISSUED BY THE 3RD RESPONDENT TO THE 16TH PETITIONER.
EXHIBIT P3(P) COPY OF NOTICE DATED 08/06/2020 ISSUED BY THE 3RD RESPONDENT TO THE 17TH PETITIONER.