Vegetable And Fruit Promotion … vs The Labour Welfrare Fund … on 29 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25897 of 2008(G)


1. VEGETABLE AND FRUIT PROMOTION COUNCIL
                      ...  Petitioner

                        Vs



1. THE LABOUR WELFRARE FUND INSPECTOR,
                       ...       Respondent

2. THE LABOUR WELFARE FUND COMMISSIONER,

3. THE DEPUTY TAHSILDAR (RR),

                For Petitioner  :SRI.V.M.KURIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :29/08/2008

 O R D E R
                      S.SIRI JAGAN, J
                ==================
                 W.P(C)No.25897 of 2008
                ==================
         Dated this the 29th day of August, 2008.

                      J U D G M E N T

The petitioner is a company registered under the

Companies Act, which is sponsored by the Government of

Kerala. The company has been established with the assistance

of the European Union with the object of improvement of

horticulture production in the State by helping the farmers

engaged in horticulture, which objects are pursued by the

Company. According to the petitioner, theirs is a service

organization and not a commercial establishment or factory.

Their grievance is that in spite of the above facts the

respondents have initiated proceedings under the Kerala

Labour Welfare Fund Act to cover their establishment under

that Act and to recover contributions under that Act. The

petitioner challenges the same on the ground that the

petitioner is not an establishment as defined in the Kerala

Labour Welfare Fund Act and therefore they are not liable to

pay contribution under the Act.

2. I am of opinion that, the petitioner being a Government

sponsored organization, the Government should first consider

W.P(C)No.25897 of 2008 – 2 –

the matter. The petitioner has now submitted Ext.P8

representation in this regard before the additional 4th

respondent. In the above circumstances, I dispose of this writ

petition with a direction to the additional 4th respondent,

Government of Kerala to consider and pass appropriate orders

on Ext.P8, as expeditiously as possible, at any rate, within three

months from the date of receipt of a copy of this judgment

after affording an opportunity of being heard to the petitioner.

Till orders are thus passed further proceedings under the

Labour Welfare Fund Act against the petitioner shall be kept in

abeyance.

The petitioner shall forward a certified copy of this

judgment along with a copy of the writ petition to the

additional 4th respondent for compliance.

S.SIRI JAGAN, JUDGE

rhs