IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WA.No. 163 of 2010 -------------------- AGAINST THE ORDER IN WPC.294/2010 Dated 15/01/2010 .................... APPELLANT/PETITIONER: --------------------------- ARUN KUMAR K.S., AGED 33 YEARS, S/O.SUKUMARAN, KARAKUNNATHU HOUSE, KUDAYATHOOR P.O., KUDAYATHOOR, THODUPUZHA. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SMT.P.A.PRIYA RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, THODUPUZHA. 2. THE DEPUTY TAHSILDAR(RR), THODUPUZHA, IDUKKI DISTRICT. 3. THE DISTRICT COLLECTOR, IDUKKI. 4. THE VILLAGE OFFICER, KUDAYATHOOR, THODUPUZHA, IDUKKI DISTRICT. 5. MAHESH C.S., AGED 32, S/O.SIVAN ACHARY, CHOKKANAVEETTIL, THODUPUZHA P.O., IDUKKI DISTRICT. R1 BY SRI.RENIL ANTO, SC. R2 TO R4 BY GOVT. PLEADER, SMT.SMITHA BABU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2010, ALONG WITH WP(C) No.294 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A.No.163 of 2010 & W.P.(C) No.294 of 2010 ------------------------------------------ Dated this the 3rd day of February, 2010 JUDGMENT Kurian Joseph, Ag. C.J. Appellant is the petitioner in the writ petition. He approached this Court aggrieved by the steps taken for recovery of dues towards contribution to the Kerala Toddy Workers Welfare Fund. We find that the recovery steps were initiated to recover advance contribution to the Welfare Fund. The learned Single Judge directed the petitioner to remit an amount of Rs.50,000/- in two instalments. According to the petitioner, the contribution already made is far in excess of what is actually due from him. 2. When the writ appeal came up before us earlier, we directed the learned Standing Counsel to ascertain whether the competent authority had completed the assessment for the previous year, namely 2007-08. On instruction, it is submitted that the final determination order in respect of the year 2007-08 W.A.No.163/2010 & W.P.(C) No.294/2010 - 2 - had already been completed and there are no dues. Annexure-A produced along with the memorandum of writ appeal would show that the petitioner has made some contribution in excess of what is due from him. As the learned Standing Counsel pointed out, the excess amount is to be adjusted towards the dues of the current year. In the above circumstances, we do not think that there is any justification for demanding advance contribution from the petitioner since advance contribution is based on the assessment of the previous year and since for the previous year there are no dues and still further there is some excess remittance as well. Accordingly we dispose of the writ appeal and the writ petition making it clear that in the peculiar facts and circumstances of the case referred to above, there shall be no recovery of advance contribution towards the Kerala Toddy Workers Welfare Fund from the appellant/petitioner in respect of the year 2008-09. We also make it clear that in case any W.A.No.163/2010 & W.P.(C) No.294/2010 - 3 - proceedings for assessment are still pending in which the appellant/petitioner is involved, the same shall be finalized and only thereafter proceedings for recovery shall be effected. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns