IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12062 of 2005(J)
1. C.J.MATHAI,
... Petitioner
2. M.V.RAJAPPAN, MARANATTU HOUSE,
Vs
1. THE DISTRICT LABOUR OFFICER,
... Respondent
2. SHRI.JOY JOSEPH, LICENSEE,
3. THE WELFARE FUND INSPECTOR,
For Petitioner :SRI.K.G.ANIL BABU
For Respondent :SRI.C.S.MANU
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :02/08/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO. 12062 OF 2005
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DATED THIS THE 2nd DAY OF AUGUST, 2007
JUDGMENT
The petitioners are toddy shop workers attached to the
toddy shop No.15 of Kuravilangad range, of which the 2nd respondent
is the licencee. Their complaint in this writ petition is that despite a
complaint made to the 1st respondent regarding non-payment of
arrears of salary and workers’ welfare fund contributions, the 1st
respondent is not taking any action. The petitioners, therefore, seek
the following reliefs.
” i) issue a writ of mandamus
or any other appropriate writ, order or
direction directing the 1st respondent to
pass final orders on the complaints
evidenced by Exhibits P3 to P5 directing the
2nd respondent to pay the arrears of salary
due to the petitioners for the year 2003-04
within a time limit and if he fails to pay the
amount recover the same by revenue
recovery steps and pay to the petitioners as
expeditiously as possible at any rate within
a time limit to be fixed by this Honourable
Court;
ii) issue a writ of mandamus or
any other appropriate writ, order or
direction directing the 3rd respondent to
pass final determination orders under
Section 8 of T.S.No.15 of Kuravilangad
Excise Range and recover the balance as
expeditiously as possible at any rate within
W.P.(c)No.12062/07 2
a time limit to be fixed by this
Honourable Court”
2. The petitioners would submit that the arrears of salary
would come to Rs.30,000/-. The learned counsel for the 2nd
respondent, while disputing this, would submit that it would be only
around Rs.25,000/-. To avoid any controversy and to give the
dispute a quietus, I fix it as Rs.28,000/-. This shall be paid to the
petitioners within one month from today. In respect of the welfare
fund contributions, the 2nd respondents submits that there is some
dispute regarding the quantum. It would be open to the 2nd
respondent to take up the matter with the 3rd respondent, who
shall pass orders in this regard within a period of one month from
the date of receipt of representation from the 2nd respondent, which
he shall file within one month from today. If the 2nd respondent
does not file the representation as directed above the 3rd
respondent shall initiate appropriate proceedings for recovery if
there is default in payment of contributions as alleged by the
petitioners.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.12062/07 3