M. P. NARAYANAN NAMBIAR Vs. EBIN VISWANATH V.

JUDGEMENT

(1.) The petitioners, who are petitioners 124, 129, 48, 106, 21, 160, 52, 95 and 67 respectively in W.P.(C)No.11629 of 2015, have filed this contempt case, invoking the provisions under Sec. 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the directions contained in Annexure A-I judgment dtd. 12/10/2018 of a Division Bench of this Court in P. Sasikumar v. Union Of India [ILR 2019 (1) Ker. 614], whereby W.P.(C)No.13120 of 2015 and connected matters, including W.P.(C)No.11629 of 2015, were disposed of by setting aside the Employees' Pension (Amendment) Scheme, 2014 brought into force by notification No.G.S.R.609 (E) dtd. 22/8/2014 and also all consequential orders and proceedings issued by the Employees Provident Fund Organisation on the basis of the aforesaid amendment.

(2.) On 23/9/2022, when this contempt case came up for admission, the learned Standing Counsel for the Employees Provident Fund Organisation took notice for the respondent. The personal appearance of the respondent was dispensed with, by the order dtd. 23/9/2022.

(3.) On 14/3/2023, the respondent filed an affidavit dtd. 10/3/2023, pointing out Annexure R1(A) judgment of the Apex Court dtd. 4/11/2022 in Civil Appeal Nos.8143-44 of 2022 and connected matters - Employees Provident Fund Organisation v. Sunil Kumar B. [2022 (7) KHC 12 : AIR 2022 SC 5634], arising out of the judgment of the Division Bench of this Court in P. Sasikumar v. Union Of India [ILR 2019 (1) Ker. 614] and the connected matters arising out of the judgment of the High Court of Delhi and the High Court of Rajasthan. In paragraph 5 of that affidavit, the respondent has pointed out Annexure R1(B) order of the Apex Court dtd. 25/2/2021 in SLP(C)Nos.8658-59 of 2019, whereby the Apex Court directed that pending further consideration, no contempt application seeking implementation of any of the orders passed in the four categories of matters shall be taken up by any court. The first category mentioned in the order dtd. 25/2/2021 is SLP(C)Nos.8658-8659 of 2019, W.P.(C)No.233 of 2018 [Item Nos.1 and 1.1], arising from the judgment dtd. 12/10/2018 of the High Court of Kerala. The relevant paragraphs of the order dtd. 25/2/2021 in SLP(C)Nos.8658-59 of 2019 read thus;