2023/KER/60865 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MRS.JUSTICE SOPHY THOMAS TUESDAY, THE 3^RD DAY OF OCTOBER 2023/11TH ASWINA, 1945 CON.CASE(C)NO.369 OF 2020 AGAINST THE JUDGMENT DATED 12.10.2018 IN WP(C)NO.23662 OF

2016 OF HIGH COURT OF KERALA PETITIONERS/PETITIONERS 217, 165, 163, 164, 423 & 247:

1 VASUDEVAN A.R, AGED 68 YEARS, POTHIYIL HOUSE, KALAMPOOR P.O., PIRAVOM, ERNAKULAM, PIN - 686

664, EPF A/C NO.KR/KTM/10290/1433

2 BABU T.K., ASWATHY, KURUMTHGODATH LANE, EROOR SOUTH P.O. TRIPUNITHURA, ERNAKULAM - 682 306, EPF A/C NO.KR/KTM/10290/1441

3 MADANAN K.D., RATHUSHA, CRA-10, HILL PALACE ROAD, CHATHARI, TRIPUNITHURA P.O., ERNAKULAM - 682 301, EPF A/C NO.KR/KTM/10290/0752

4 GEETHA MADANAN K., RATHUSHA, HILL PALACE ROAD, CHATHARI, TRIPUNITHURA P.O., ERNAKULAM - 682 301, EPF A/C NO.KR/KTM/10290/0920

5 AMARDAS E.K., EZHUVANPARAMBIL HOSUE, THANISSERY P.O., IRINGALAKUDA - 680 701, EPF A/C NO.KR/KTM/10290/1175

6 JAYASREE M.C., JRA V, SREE JAYANGAR, MARADU P.O., ERNAKULAM, PIN - 682 304, EPF A/C NO.KR/KTM/10290/1342 BY ADV I.SHEELA DEVI RESPONDENTS/RESPONDENTS 4 AND 5:

1 SANDEEP BISWAS, AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONERS, ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL PROVIDENT FUND OFFICE, ADITYA SABARI TOWER, POST OFFICE ROAD, THIRUNAKKARA, PB NO.36, KOTTAYAM - 686 601

2 ROKKAM GOPALA RAO AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONERS, MANAGING DIRECTOR, HINDUSTAN NEWSPRINT LTD., NEWPRINT NAGAR P.O., VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686 616 R BY ADV NITA N.S THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioners, who are petitioners 217, 165, 163, 164, 423 and 247 in W.P.(C)No.23662 of 2016, have filed this Contempt Case, invoking the provisions under Section 12 of the Contempt of Courts Act, 1971 alleging willful disobedience of the directions contained in Annexure A1 judgment dated 12.10.2018 in that writ petition along with W.P.(C)No.13120 of 2015 and connected matters.

2. The SLP filed by the Employees Provident Fund Organisation against the judgment dated 12.10.2018 in W.P.(C) No.13120 of 2015 and connected cases were dismissed by the Apex Court vide order dated 01.04.2019 in SLP (C) - Diary No.9610 of 2019. That order was recalled and the Apex Court rendered a detailed judgment dated 04.11.2022 in Civil Appeal Nos.8143 of 2022 and 8144 of 2022 and connected matters- Employees Provident Fund Organisation v. Sunil Kumar B. [2022 (7) KHC 12 : AIR 2022 SC 5634]. In that judgment, the Apex Court held that the provisions contained in Notification No.GSR 609(E) dated 22.08.2014 is legal and valid. The directions contained in paragraph 44 of the said judgment of the Apex Court dated 04.11.2022 read as follows:

“44. We accordingly hold and direct:-

(i) The provisions contained in the notification No. G.S.R.609(E) dated 22nd August 2014 are legal and valid. So far as present members of the fund are concerned, we have read down certain provisions of the scheme as applicable in their cases and we shall give our findings and directions on these provisions in the subsequent sub-

paragraphs.

(ii) Amendment to the pension scheme brought about by the notification No. G.S.R. 609(E) dated 22^nd August 2014 shall apply to the employees of the exempted establishments in the same manner as the employees of the regular establishments. Transfer of funds from the exempted establishments shall be in the manner as we have already directed.

(iii) The employees who had exercised option under the proviso to paragraph 11(3) of the 1995 scheme and continued to be in service as on 1^st September 2014, will be guided by the amended provisions of paragraph 11(4)

of the pension scheme.

(iv) The members of the scheme, who did not exercise option, as contemplated in the proviso to paragraph 11(3) of the pension scheme (as it was before the 2014 Amendment) would b