IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WA.No. 1662 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19217/2011 Dated 26/09/2011 .................... APPELLANT(S): PETITIONERS ------------------------- 1. JOMY, HIGH SCHOOL ROAD QUARTERS, CHERPLASSERY. 2. VELU @ MANI, MAVUNDIRI VEEDU, KOTTAPPURAM. BY ADV. SRI.V.B.RAMANUNNI MENON RESPONDENT(S): RESPONDENTS -------------------------- 1. TODDY WORKERS WELFARE FUND INSPECTOR, PALAKKAD-678 001. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF EXCISE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. MR.K.D.BABU, SC FOR R1 MR.GEORGE MECHERIL, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1662 of 2011 .................................................................... Dated this the 3rd day of November, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. This Writ Appeal is filed against the judgment of the learned Single Judge modifying conditional stay orders granted against recovery pending disposal of the appeal reducing payment from 50% to 25% of the demand pending disposal of the appeal. Contention of the appellants is that they have not involved in toddy business attracting liability for welfare fund for the workers. 2. However learned Standing Counsel submitted that demand is raised after enquiry and factual disputes are to be settled in appeal. We are in agreement with the contention of the respondents because this Court cannot look into the merits of the case when appeal is pending before the statutory authority. So far as conditional orders of stay is concerned, we notice the same is quite reasonable. However, the appellants W.A.No.1662/2011 2 are granted further three weeks' time from today to make payment. This Writ Appeal is dismissed but by extending time for making payment by two weeks from today. Sd/- (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) Sd/- (P.S.GOPINATHAN, JUDGE) jg //TRUE COPY// PA TO JUDGE.