The binding nature of judgments under Article 141 of the Constitution and the ineffectiveness of previous mandamus in light of a subsequent declaration of law by the Apex Court.

JUDGMENT :

(Anil K. Narendran, J.) :

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 Section 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the directions contained in Annexure A-I judgment dated 12.10.2018 of a Division Bench of this Court in Sasikumar P. and others v. Union of India and others [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) dated 22.08.2014 and also all consequential orders and proceedings issued by the Employees Provident Fund Organisation on the basis of the aforesaid amendment.

2. On 23.09.2022, 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 dated 23.09.2022.

3. On 14.03.2023, the respondent filed an affidavit dated 10.03.2023, pointing out Annexure R1(A) judgment of the Apex Court dated 04.11.2022 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 Sasikumar P. and others v. Union of India and others [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 dated 25.02.2021 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 dated 25.02.2021 is SLP(C)Nos.8658-8659 of 2019, W.P.(C)No.233 of 2018 [Item Nos.1 & 1.1], arising from the judgment dated 12.10.2018 of the High Court of Kerala. The relevant paragraphs of the order dated 25.02.2021 in SLP(C)Nos.8658-59 of 2019 read thus;

“It is made clear that under no circumstance the matters shall be adjourned and the matters shall be taken up for hearing on day-to-day basis.

For facility, we direct;

(i) SLP(C)Nos.8658-8659 of 2019, W.P.(C)No.233 of 2018 [Item Nos.1 & 1.1] [arising from the judgment dated 12.10.2018 passed by the High Court of Kerala];

(ii) SLP(C) Diary No.46219 of 2019 [Item No.2] [arising from the judgment dated 22.5.2019 passed by the High Court of Delhi] along with connected matter being SLP(C) No. 1366 of 2021 [Item No.1.54] [arising from the judgment dated 16.12.2019 passed by the High Court of Delhi];

(iii) SLP(C)No.2465 of 2021 [Item No.1.51] [arising from judgment dated 28.08.2019 passed by the High Court of Rajasthan, Jaipur]; and

(iv) Cont. Pet.(C)No. 1917-1918 of 2018 in C.A.No. 10013- 10014 of 2016 [Item No.1.20] [seeking implementation of the order dated 04.10.2016 passed by this Court in C.A.No.10013 of 2016 : R.C. Gupta and others v. Regional Provident Fund Commissioner, Employees Provident Fund Organization and others] shall be taken up as lead matters representing the respective categories of matters.” Rest of the matters shall also be listed on the same day.

Pending further consideration, no contempt application seeking implementation of any of the orders passed in the aforesaid four categories of matters, shall be taken up by any Court.

In the contempt petitions pending in this Court, personal presence of the alleged contemnor stands dispensed with. (underline supplied)

4. By the order dated 16.03.2023, the respondent was directed to file an affidavit with regard to the enhanced pension already given to 76 persons, pursuant to