2024 Supreme(Online)(Ker) 60325
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EMPLOYEES PROVIDENT FUND ORGANIZATION – Appellant
Versus
LISIE HOSPITAL – Respondent
WA 469/2023
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 WA NO. 1708 OF 2019 AGAINST THE JUDGMENT DATED 07/06/2018 IN WP(C)NO.
13827/2016 OF HIGH COURT OF KERALA APPELLANT/1ST RESPONDENT:
EMPLOYEES' PROVIDENT FUND ORGANIZATION, REPRESENTED BY ASSISTANT PROVIDENT FUND COMMISSIONER(COMPLIANCE DIVISION), BHAVISHYANIDHI, P.B.NO.1806, ERANHIPALAM P.O., KOZHIKODE - 673 006 BY ADV ABRAHAM P.MEACHINKARA RESPONDENTS/PETITIONER/RESPONDENTS:
1 MOULANA HOSPITAL, P.B.NO.31, OOTTY ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT -679 322, REPRESENTED BY MANAGING PARTNER N.ABDUL RASHEED.
2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, SASTHRI BHAVAN, NEW DELHI -110 001.
BY ADVS.
K.ANAND HUSSAIN KOYA VALIYAVEEDAKATH THIS WRIT APPEAL HAVING COME UP FOR FINAL HEARING ON
08.02.2024, ALONG WITH WA.469/2023, 1633/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 WA NO. 469 OF 2023 AGAINST THE JUDGMENT DATED 11/10/2022 IN WP(C)NO.14016/2010 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 1 TO 3:
1 EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BAVISHYA NIDI BHAVAN, KALOOR, COCHIN, PIN – 682 017.
2 REGIONAL PROVIDENT FUND COMMISSIONER, ERNAKULAM, PIN – 682 017.
3 ASSISTANT PROVIDENT FUND COMMISSIONER, KOCHI, PIN – 682 017.
BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS/PETITIONER/4TH RESPONDENT:
1 LISIE HOSPITAL, ERNAKULAM, REPRESENTED BY ITS DIRECTOR, FR.MATHEW MUTTAMTHOTTY, PIN – 682 017.
2 REGISTRAR, KERALA NURSES' AND MIDWIVES' COUNCIL, RED CROSS ROAD, THIRUVANANTHAPUAM, PIN – 695 037.
BY ADV N. RAGHURAJ
08.02.2024, ALONG WITH WA.1708/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 WA NO. 1633 OF 2019 AGAINST THE JUDGMENT DATED 07/06/2018 IN WP(C)NO.15477/2014 OF HIGH COURT OF KERALA APPELLANT/2ND RESPONDENT:
EMPLOYEES' PROVIDENT FUND ORGANIZATION, REPRESENTED BY ASSISTANT PROVIDENT FUND COMMISSIONER (COMPLIANCE DIVISION), BHAVISHYANIDHI, P.B NO.1806, ERANHIPALAM P.O., KOZHIKODE - 673 006.
BY ADV DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG.
RESPONDENTS/PETITIONER/1ST RESPONDENT:
1 M/S.MALABAR HOSPITALS (P) LTD., RAJIV GANDHI BYPASS ROAD, KARUVAMNARAM, MANJERI, MALAPPURAM DISTRICT - 676 121, REPRESENTED BY MANAGING PARTNER DR. A. MOIDEENKUTTY.
2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, SASTHRI BHAVAN, NEW DELHI - 110 001.
BY ADVS.SRI.K.ANAND CENTRAL GOVERNMENT COUNSEL(B/O)
SHRI.RAJESH O.N.
SRI.HUSSAIN KOYA VALIYAVEEDAKATH
08.02.2024, ALONG WITH WA.1708/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 WA NO. 1778 OF 2019 AGAINST THE JUDGMENT DATED 07/06/2018 IN WP(C)NO.34620/2016 OF HIGH COURT OF KERALA APPELLANT/1ST RESPONDENT:
EMPLOYEES' PROVIDENT FUND ORGANIZATION, REPRESENTED BY ASSISTANT PROVIDENT FUND COMMISSIONER (COMPLIANCE DIVISION), BHAVISHYANIDHI, P.B. NO.1806, ERANHIPALAM P.O., KOZHIKODE – 673 006.
BY ADV DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG.
RESPONDENTS/PETITIONER/RESPONDENTS:
1 M/S. MALABAR HOSPITALS (P) LTD., RAJIV GANDHI BYPASS ROAD, KARUVAMNARAM, MANJERI, MALAPPURAM DISTRICT-676 121, REPRESENTED BY MANAGER PARTNER DR. A.MOIDEENKUTTY.
2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, SASTHRI BHAVAN,NEW DELHI-110 001.
BY ADVS.
SRI.K.ANAND HUSSAIN KOYA VALIYAVEEDAKATH SHRI.RAJESH O.N.
08.02.2024, ALONG WITH WA.1708/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MRS. JUSTICE C.S. SUDHA THUR