IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 32720 of 2005(T) -------------------------- PETITIONER: --------------- C.BALAN, S/O.LATE CHAMI, PULINKAYA VEEDU, VANDITHAVALAM, PALGHAT. BY ADV. SRI.KOSHY GEORGE RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY SECRETARY(TAXES) SECRETARIAT, THIRUVANANTHAPURAM. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, PALAKKAD. 3. THE DEPUTY TAHSILDAR(REVENUE RECOVERY), CHITTUR, PALAKKAD. ADV. SRI.A.K.JOHN, SC, KTWWF BOARD FOR R2 SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WE FOR R2 GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, ALONG WITH WPC NO. 32753 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 32720/2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 11.11.2005. EXT.P2 A TRUE PHOTOSTAT COPY OF THE DEMAND IN FORM NO. 10. EXT.P3 A TRUE COPY OF THE ORDER DATED 1.12.2005. EXT.P4 A TRUE COPY OF THE SAID CERTIFICATE DATED 19.12.2005. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// P.S. TO JUDGE. KNC/- P.R. RAMACHANDRA MENON, J. = = = = = = = = == = = = == = = = = = = W.P.(C) No. 32720 & 32753 OF 2005 = = = = = = = = == = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF SEPTEMBER, 2010. J U D G M E N T The petitioners in both the cases are the president / chief promoter of the concerned society, formed by the workers who were the licensees of the toddy shops and were liable to effect contribution under the Kerala Toddy Workers' Welfare Fund Act, 1969. 2. The case of the petitioners is that they were running the shops by virtue of their office and not in their individual capacity. When there occurred some default in regard to the contribution to be remitted to the Fund, their personal assets were proceeded against, which made the petitioners to approach this Court by filing these writ petitions wherein appropriate interim orders have been passed. The learned counsel for the petitioners submits that there cannot be any personal liability and that the issue stands settled by virtue of the authoritative pronouncement of law on the point by a Division Bench of this Court in Suseelan v. State of Kerala (2002(1) KLT 226). 3. Heard the learned standing counsel appearing for the second respondent as well as the learned Government Pleader appearing for the other respondents. WP(C) Nos. 32720 & 32753/2005 2 4. By virtue of the decision cited supra, it has been held that the "employer", as defined under Section 2(c) of the Act is a person who employs the workers and that the person who employed the workers is the 'Society' and not the office bearer of the Society. Based on the above clear finding, it was held by the Division Bench that the secretary or office bearer of a Co-operative Society cannot be made personally liable for the default of the Society. In the above circumstance, this Court finds that the issue projected in these writ petitions is squarely covered by the dictum as above. Accordingly, the impugned notices are set aside and it is declared that the petitioners or their personal properties are not liable to be proceeded against in respect of the dues, if any, to be satisfied by the concerned Societies under the Kerala Toddy Workers' Welfare Fund Act. Both the writ petitions are allowed, however, without any order as to costs. P.R. RAMACHANDRA MENON, (JUDGE) KNC/-