IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 22703 of 2006(C) -------------------------- PETITIONER: ------------ 1. A.D. MATHEWS, S/O.LATE A.L.DEVASSY. 2. A.D. JOHN, S/O.LATE SRI.A.L.DEVASSY. BOTH RESIDING AT ARACKAL HOUSE, THOLUR VILLAGE, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA ABKARI WORKERS WELFARE FUDN BOARD PALAKKAD, REPRESENTED BY THE WELFARE INSPECTOR. 3. THE TAHSILDAR (RR), TALUK OFFICE, THRISSUR. BY GOVERNMENT PLEADER FOR R1,3 - SMT.K.R.DEEPA R2 BY ADV. SRI.V.K.MOHAN -SC, ABKARI WFB- B/O THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 22703 of 2006 -------------------------------------------------------- Dated: SEPTEMBER 2, 2008 JUDGMENT Admittedly, petitioners are the legal heirs of one A.L.Devassy. On the strength of a power-of-attorney executed by Sri Devassy in his favour, one K.F. Jacob was the successful bidder of a foreign liquor shop and arrack shops in Chittur Range of Palakkad District for the year 1992-93. On the basis that the welfare fund dues payable were in default, revenue recovery steps were initiated by Ext.P2. Thereupon A.L.Devassy filed O.P.19441/1997 before this Court and stay was obtained on condition that Rs.1,30,000/- is deposited. It is stated that this deposit was made, but however, the original petition filed by Sri Devassy was dismissed for default, as per Ext.P3 judgment dated 9.8.2004. 2. Subsequently, being the legal heirs, the petitioners filed Ext.P4 requesting for lifting the attachment on the WP(C) 22703 of 2006 2 properties of the defaulter. That was declined by Ext.P5 and it is challenging Ext.P5 and the recovery proceedings, this writ petition is filed. 3. Initially the contention raised was that Sri Jacob was the licensee and he being the employer, the petitioners or their deceased father could not be made liable for the welfare fund dues. As already noticed, even going by the averments in paragraph 1 of the writ petition, Jacob was the power-of-attorney-holder of the petitioners' father Late A.L. Devassy. Therefore, the licensee is the deceased father of the petitioners. If so, I cannot accept the plea that Jacob should be taken as the licensee. If Devassy was the licensee, he alone can be treated as the employer who is liable to pay the dues under the Abkari Workers' Welfare Fund Act. In this case, going by the statement filed on behalf of the 3rd respondent, an amount of Rs.1,86,701/- was due as on 4.10.2006. Since the petitioners' father is no more and if the petitioners have inherited the estate of the WP(C) 22703 of 2006 3 deceased defaulter, necessarily proceedings can be taken against them and that cannot be faulted. Learned counsel for the petitioners submit that the petitioners want to avail of the benefit of the Amnesty Scheme in so far as the abkari dues are concerned. According to him, if so, while making adjustments, this liability also could be discharged. I leave it open to the petitioners to pursue the matter and with that liberty, this writ petition stands dismissed. ANTONY DOMINIC, JUDGE mt/-