- (1.) By Order dated 25.02.2021 these matters were broadly divided in four categories with lead matters being:- "(i) SLP (C) No(s). 8658-8659/2019, 16721-16722/2019 [arising from the judgment dated 12.10.2018 passed by the High Court of Kerala]; (ii) SLP(C) Diary No(s). 46219/2019 [arising from the judgment dated 22.5.2019 passed by the High Court of Delhi] along with connected matter being SLP(C) No. 1366/2021 [arising from the judgment dated 16.12.2019 passed by the High Court of Delhi]; (iii) SLP(C) No. 2465/2021 [arising from judgment dated 28.08.2019 passed by the High Court of Rajasthan, Jaipur]; and (iv) CONMT.PET.(C) No. 1917-1918/2018 in C.A. No. 10013- 10014/2016 [seeking implementation of the order dated 04.10.2016 passed by this Court in C.A.No.10013/201 :R.C. Gupta and Ors. Etc. etc. vs. Regional Provident Fund Commissioner Employees Provident Fund Organization and Ors. Etc. (2018) 4 SCC 809] ......"
(2.) SLP (C) Nos.8658 - 59 of 2019 challenging the Judgment and order dated 12.10.2018 passed by the Division Bench of the High Court of Kerala in Writ Petition (C) Nos.602/2015 and 13120/2015 were initially dismissed by this Court on 01.04.2019. Thereafter, SLP (C) Nos. 16721-22/2019 at the instance of Union of India challenging the very same judgment dated 12.10.2018 came up before this Court on 12.07.2019. While condoning the delay in preferring said SLPs, this Court directed that said SLPs be listed along with Review Petition (C) Nos.1430-31/2019 (which had since then been preferred against the order dated 01.04.2019 in SLP(C) Nos.8658-59/2019) in open Court.
(3.) When both sets of matters were listed before this Court on 29.01.2021, the submissions on behalf of the petitioners were noted as under:- "Mr. C.A. Sundaram, learned Senior Advocate appearing for the petitioners in said Review Petitions invited our attention to the order dated 21.12.2020 passed by another Division Bench of the High Court of Kerala by which the correctness of the earlier decision dated 12.10.2018 was doubted and the matter was referred to Full Bench of the High Court. Mr. Sundaram, also invited our attention to the decision of this Court in M/s Pawan Hans Ltd. and Ors. vs. Aviation Karmachari Sanghatana and Ors [2020(2)SCALE 194 Also reported : (2020) 13 SCC 506] and specially paragraph 6.6 of the decision. It was submitted that as a result of the directions issued by the High Court in its order dated 12.10.2018, benefit would get conferred upon employees retrospectively which, in turn, would create great imbalance." ;