IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16410 of 2009(U) ----------------------------------------- PETITIONER(S): ------------------------- M.S.MOHANDAS, S/O LATE SEKHARAN, KANCHANA, ETTUMANOOR P.O., DIST.KOTTAYAM. BY ADV. MR.K.REGHU KOTTAPPURAM RESPONDENT(S): --------------------------- 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, KOTTAYAM. 2. THE GENERAL SECRETARY, KAYAL MEKHALA CHETHUTHOZHILALI UNION (CITU), KOTTAYAM. 3. THE GENERAL SECRETARY, ETTUMANOOR CHETHUTHOZHILALI UNION (AITUC), ETTUMANOOR, DIST.KOTTAYAM. 4. THE GENERAL SECRETARY, KOTTAYAM JILLA TODDY & ABAKARI MAZDOOR SANGH (BMS), KOTTAYAM. 5. THE GENERAL SECRETARY, ETTUMANOOR RANGE MADYA VYAVASAYA THOZHILALI UNION (CITU), ETTUMANOOR, DIST. KOTTAYAM. 6. THE SECRETARY TO GOVT., LABOUR & REHABILITAION (B) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. R1 BY ADV. MR.K.D.BABU,SC,KTWWFB(TODDY WORKERS WELFARE) BY GOVERNMENT PLEADER MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.16410 of 2009 -------------------------- Dated this the 15th June,2009 J U D G M E N T Aggrieved by Exhibit P1 order of assessment under the Toddy Workers Welfare Fund Act, petitioner has preferred Exhibit-P2 appeal and Exhibit-P3 application for stay. Petitioner submits that orders are yet to be passed on the application for stay. The petitioner is treated as a defaulter. He might be prevented from participating in the ensuing auction. Hence the writ petition. 2. Learned counsel for the petitioner submits that he is willing to pay the amount assessed under Exhibit-P1 less an amount of Rs.40,523/- which is being disputed in Exhibit-P2. 3. Heard learned standing counsel for the respondents also. In the circumstances, the writ petition is disposed of directing the 6th respondent to consider and pass orders on Exhibit-P2 within three months from the date of W.P ( C) No.16410 of 2009 2 receipt of a copy of this judgment. In the meanwhile, enforcement of Exhibit-P1 shall be kept in abeyance provided the petitioner pays the amount assessed under Exhibit-P1 less an amount of Rs.40,523/-. As and when the amount is paid as directed above, clearance certificate shall be issued to the petitioner provided there are no other amounts due from him. (V.GIRI,JUDGE) ma W.P ( C) No.16410 of 2009 3 W.P ( C) No.16410 of 2009 4