High Court Kerala High Court

Augustine vs The State Of Kerala on 25 February, 2010

Kerala High Court
Augustine vs The State Of Kerala on 25 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 391 of 2010(Y)


1. AUGUSTINE, S/O. THANKACHAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE WELFARE FUND INSPECTOR,

3. OMANAKUTTAN, S/O. NANU,

                For Petitioner  :SRI.K.S.MANU (PUNUKKONNOOR)

                For Respondent  :SRI.RENIL ANTO,SC,KTWWF BOARD (TODDY WO

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :25/02/2010

 O R D E R
                      K.SURENDRA MOHAN, J
                       ...........................................
                      WP(C).NO.391 OF 2010
                       ............................................
      DATED THIS THE 25 TH DAY OF FEBRUARY, 2010

                                  JUDGMENT

The petitioner has filed this writ petition challenging Ext.P1

order under Section 8(1) of the Kerala Toddy Workers Welfare Fund

Act, demanding contribution to the Welfare Fund. The total amount of

contribution demanded is Rs.4,05,000/- as on May, 2009. According to

the petitioner, he had received a copy of the order on 3.7.2009. But, on

26.7.2009, he was arrested by the Chavara police in Crime No.135 of

2008, a case involving illicit spirit. Since he was in judicial custody, he

could not challenge Ext.P1 by filing an appeal within the time

prescribed. Therefore, he submitted Ext.P2 appeal before the first

respondent, accompanied by a petition for condonation of delay.

However, by Ext.P3 order, the petition as well as appeal have been

rejected on the ground that there is no provision in the Act for

condonation of delay.

2. The counsel for the petitioner submits that Ext.P1 order was

passed without hearing the petitioner, that he was not the licensee of

Wpc 391/2010 2

the shop, that he has no liability to pay the welfare fund contribution

that is demanded and that he is entitled to have the delay in filing the

appeal condoned.

3. The counsel for the second respondent, Mr.Renil Anto,

opposes the contentions of the petitioner by pointing out that there is

no provision in the Act for condonation of delay. It is pointed out that

the petitioner was given ample opportunities to plead and prove his

case during the enquiry under Section 8(1) of the Act. The petitioner

also admits that he had received a copy of the order on 3.7.2009.

Therefore, there are no grounds for condonation of delay, as rightly

held in Ext.P3.

4. I find that there is no provision in the Act for condonation of

delay. Therefore, Ext.P3 is perfectly justified, in the facts and

circumstances of the case. In view of the fact that the petitioner had

not filed the appeal within the time prescribed, there are no grounds for

allowing the prayer for a direction to entertain the appeal in spite of the

delay. However, the counsel for the petitioner prays for permission to

pay the amount that is demanded in instalments. I feel that the prayer

Wpc 391/2010 3

for instalments can be granted.

5. In view of the above, this writ petition is disposed of

permitting the petitioner to pay the amounts due and payable by him as

per the determination order Ext.P1, in six equal monthly instalments

starting from 15.3.2010. All proceedings for recovery of the amounts

demanded shall be kept in abeyance till the amounts are paid in

instalments as stipulated above. If there are consecutive defaults on the

part of the petitioner of two monthly instalments, the respondents shall

be free to initiate recovery proceedings in accordance with law.

K.SURENDRA MOHAN, JUDGE

lgk