IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3218 of 2010(B)
1. T.B.MURALEEDHARAN,
... Petitioner
2. MANEESH.K.M, S/O.MOHANAN,
Vs
1. THE WELFARE FUND INSPECTOR,
... Respondent
For Petitioner :SRI.K.K.BABU
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :01/02/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.3218 of 2010
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Dated this the 1st day of February, 2010
JUDGMENT
The first petitioner was the licensee of toddy shop
Nos.52 to 57 in Group No.11 of Kodungallur Range for
the period 11.12.2008 to 31.3.2009 and 1.4.2009 to
30.6.2009. The second petitioner was the licencee of
toddy shop Nos.46 to 51 in Group No.10 of
Kodungalloor Range for the period 11.12.2008 to
31.3.2009 and 1.4.2009 to 30.6.2009. They are also
the present licensees.
2. According to the petitioners, they have
remitted three month’s advance contribution at the
time of auction of the toddy shops as calculated by the
Welfare Fund Inspector on the basis of the latest
determination available in respect of those toddy
shops. The calculation made by the Welfare Fund
Inspector is not based on the number of workers who
W.P.(C) No.3218/2010 2
are actually working for the petitioners during the
current year.
2. It is the case of the petitioners that the
number of workers who were previously working are
not presently working in their toddy shops.
Therefore, excess amounts have been paid by way of
welfare fund contribution which they are entitled to
adjust towards the future amounts of contribution due
from them. The petitioners contend that the excess
amount so remitted by them for the period
11.12.2008 to 31.3.2009 and 1.4.2009 to 30.6.2009
comes to Rs.2,54,731/- and Rs.1,79,248/- respectively.
They complain that the excess amounts remitted by
them are kept in the office of the respondent and that
the said amounts do not earn any interest. They have
submitted Exts.P1 and P2 representations requesting
for the passing of final determination orders for the
period from 11.12.2008 to 30.6.2009 and to adjust the
excess amount remitted by the petitioners towards
W.P.(C) No.3218/2010 3
the welfare fund contribution amount that is due for
the period 11.12.2008 to 30.6.2009. The petitioners
complain that no orders have been passed on Ext.P1
request, till date.
3. Adv.Renil Anto who appears for the
respondent submits that appropriate orders would be
passed on Ext.P1 without delay.
4. In view of the above submission, this Writ
Petition is disposed of directing the respondent to
consider Exts.P1 and P2 requests of the petitioners
and to pass appropriate orders thereon in accordance
with law, as expeditiously as possible and at any rate
within a period of three months from the date of
receipt of a copy of this judgment, after giving an
opportunity to the petitioners also to be heard.
K.SURENDRA MOHAN,
JUDGE
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