IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 928 of 2007() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.8034/2002 Dated 02/01/2007 .................... APPELLANT(S): ------------------------ THE TODDY WORKERS WELFARE FUND INSPECTOR II,KOTTAYAM. BY ADV. MR.A.K.JOHN, SC, KTWWF BOARD MR.K.D.BABU,SC,KTWWFB RESPONDENT(S): --------------------------- 1. T.M.LUKA,S/O.MATHAI(DIED),THUKKENKOTTIL HOUSE,MUTTOM P.O,THODUPUZHA TALJK,IDUKKI DISTRICT. 2. LUCY LUKA,AGED 49,W/O.LATE T.M.LUKA, THUKKENKOTTIL HOUSE,MUTTOM P.O,THODUPUZHA TALUK, IDUKKI DISTRICT. 3. MATHEW T,LUKA,AGED 25 YEARS, S/O.LATE T.M.LUKA,THUKKENKOTTIL HOUSE,MUTTOM P.O, THODUPUZHA TALUK,IDUKKI DISTRICT. 4. JIM T.LUKA,AGED 25 YEARS, S/O.LATE T.M.LUKA,THUKKENKOTTIL HOUSE,MUTTOM P.O, THODUPUZHA TALUK,IDUKKI DISTRICT. 5. PRIYANKA E. LUKA,AGED 14 YEARS (MINOR), D/O.LATE T.M.LUKA,THUKKENKOTTIL HOUSE,MUTTOM P.O, THODUPUZHA TALUK,IDUKKI DISTRICT. REP.BY HER MOTHER AND GUARDIAN,LUCY LUKA, THE 2ND RESPONDENT. W.A. NO.928/2007 6. THE SECRETARY,LABOUR AND REHABILITATION (S) DEPARTMENT,GOVT.OF KERALA,THIRUVANANTHAPURAM. 7. K.J.MANI,S/O.JOHN,KAITHAKKAL,POONJAR P.O MEENACHIL TALUK. R2 TO R5 BY ADVOCATES MR.V.K.SUNIL MR.AJEY THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.928 of 2007 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . First petitioner in the writ petition was issued with a demand for payment of welfare fund contribution to Kerala Toddy Workers' Welfare Fund Act for 10 toddy shops in Pala Exchange Range. The first petitioner died during the pendency of the writ petition and his legal representatives were impleaded. Third respondent was the licencee. He himself admitted that he was the licencee and he did not appear in the proceedings also. Merely because the first petitioner used to go to the shops in his capacity as office bearer of Contractors' Association, the same will not make him an employer. Since he was not the licencee and there is no evidence to show that he was a defacto employer, learned Judge found that he and after his death his legal representatives cannot be liable to pay contribution. It is also stated that the appellant/first respondent is free to recover the contribution from the third respondent who was W.A.928/2007 2 the licencee. The above judgment is passed on findings of facts and we see no ground to interfere with the impugned judgment. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks