IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1624 of 2005()
1. THE WELFARE FUND INSPECTOR,
... Petitioner
Vs
1. P.N. KRISHNADAS, S/O. NARAYANAN,
... Respondent
2. STATE OF KERALA,
3. DISTRICT COLLECTOR, ERNAKULAM.
4. THE DEPUTY TAHSILDAR (R.R),
For Petitioner :SRI.A.K.JOHN, SC, KTWWF BOARD
For Respondent :SRI.VAKKOM N.VIJAYAN
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :21/07/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.1624 of 2005 &
W.A.No.2585 of 2005
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Dated, this the 21st day of July, 2008
JUDGMENT
H.L.Dattu, C.J.
These writ appeals are directed against the orders passed
by the learned Single Judge in W.P.(C) No.16047 of 2003 dated
22-3-2005 and R.P.No.319 of 2005 dated 7-4-2005.
2. While allowing the Review Petition filed by the
contesting respondent in this writ appeal, the learned Single Judge has
modified the rate of interest payable by the petitioner for belated payment
of the amount due under the provisions of the Kerala Toddy Workers’
Welfare Fund Act from 15% (sic 18%) to 12%.
3. The learned counsel appearing for the appellants in
these writ appeals would submit that, the learned Single Judge while
allowing the Review Petition No.319 of 2005 filed by the contesting
respondent herein, should not have reduced the interest from 15% to 12%
and the direction so issued by the learned Single Judge, according to the
appellants, is contrary to the decision of this Court in Kerala Toddy
Workers Welfare Fund Board Vs. K.K.Thankappan and others
W.A.No.1624 of 2005 &
W.A.No.2585 of 2005 -2-
(W.A.No.567 of 2006 disposed of on 26th June, 2006).
In the aforesaid decision, a Division Bench of this Court at
paragraph 6 has observed as under:
“6. We have heard learned counsel for the parties and
perused the impugned judgment. There is considerable
merit in the contention of the learned counsel as noted
above. Rate of interest statutorily provided cannot be
reduced in judicial proceedings. The High Court, with the
power vested in it under Article 226 of the Constitution of
India, would have no discretion to vary the interest payable
under the statute as that would amount to enacting law,
which is not permissible.”
4. After saying so, the learned Judges have granted
permission to the defaulters under the Kerala Toddy Workers Welfare
Fund Board to approach appropriate authorities either for
modification/reduction of interest payable for the belated payment of the
Kerala Toddy Workers’ Welfare Fund contribution.
5. In view of the above, we cannot sustain the orders
passed by the learned Single Judge in reducing the interest from 15% to
12%. We declare that the assessee is liable to pay interest as provided in
the statutory provisions of the Kerala Toddy Workers’ Welfare Fund Act.
W.A.No.1624 of 2005 &
W.A.No.2585 of 2005 -3-
However, we make it clear that the orders passed by us, will not come in
the way of the contesting respondent herein, if they so desire to
approach the State Government by making appropriate
application/representation for modification/reduction of interest payable
for the belated payment of the Kerala Toddy Workers’ Welfare Fund
contribution. We have made this exception, in view of the peculiar facts
and circumstances pleaded by the contesting respondent herein, in the
Review Petition. It is needless to state that if and when such an
application is filed, the appropriate authority/State Government may
consider the representation.
5. In view of the orders passed in the writ appeals, all
pending interlocutory applications are closed.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
MS/dk.