Jose vs Toddy Workers Welfare Fund … on 7 February, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3008 of 2011(A)


1. JOSE, S/O.LUKOSE,
                      ...  Petitioner

                        Vs



1. TODDY WORKERS WELFARE FUND INSPECTOR
                       ...       Respondent

2. DEPUTY EXCISE COMMISSIONER,KOTTAYAM.

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WE

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :07/02/2011

 O R D E R
                       P.N.RAVINDRAN, J.
              -----------------------------------------
                    W.P(C).No.3008 of 2011
              -----------------------------------------
           Dated this the 7th day of February, 2011

                            JUDGMENT

The petitioner is one among the licensees of toddy shop

Nos. 76 and 77 of Group No.14 of Pala Excise Range. He was the

licensee of the said shops during the period 2006-2007 to 2009-

2010 (4 years). It is stated that though the petitioner has

remitted the contribution payable by him in respect of the workers

engaged in the said shops, the final determination order in terms

of section 8 of the Kerala Toddy Workers Welfare Fund Act has not

so far been passed, though a hearing was held on 8.7.2010. In

this writ petition the petitioner seeks a direction to the first

respondent to issue the final determination order in respect of the

said two shops within a time limit to be fixed by this Court. It is

stated that unless the final determination order is passed the

petitioner cannot take timely steps to remit the arrears, if any,

and that any undue delay in passing the final determination order

will operate to his detriment in conducting the business from

1.4.2011 onwards.

W.P(C).No.3008 of 2011
-:2:-

2. Sri.K.D.Babu, learned standing counsel appearing for the first

respondent, submitted on instructions that within a month from today

the Welfare Fund Inspector will pass orders pursuant to the hearing

held on 8.7.2010 and communicate the same to the petitioner. In the

light of the said submission I dispose of the writ petition with a

direction to the first respondent to pass final determination orders in

respect of toddy shop Nos.76 and 77 in Group No.14 of Pala Excise

Range for the period 2006-2007 to 2009-2010 expeditiously and in

any event within one month from the date of receipt of a copy of this

judgment. The said officer shall, after orders are passed,

communicate the same to the petitioner expeditiously.

P.N.RAVINDRAN,
Judge.

ahg.

P.N.RAVINDRAN, J.

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W.P(C).No.3008 of 2011

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JUDGMENT

7th February, 2011