IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 22663 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. RAMAKRISHNAN, S/O. LATE KRISHNAN, GIRIJA BHAVAN, ANAKOTTOOR, KOTTARAKKARA, KOLLAM DISTRICT. 2. K.VASU, EDASSALAZHIKATHU VEEDU, MELILA VILLAGE, VETTIKAVALA P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD DISTRICT OFFICE, CHINNAKKADA, KOLLAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY TALUK OFFICE, KOTTARAKKARA, KOLLAM. 4. THE VILLAGE OFFICER, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM. BY GOVERNMENT PLEADER Mr.P.K.BABU STANDING COUNSEL Mr.RENIL ANTO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 22663 OF 2009 ----------------------------------- Dated this the 10th day of August, 2009 J U D G M E N T The liability cast upon the petitioner in respect of the contribution to be effected under the Toddy Workers’ Welfare Fund Act forms the subject matter of the Writ Petition. It is the case of the petitioner that, the fixation of liability by the second respondent as per Ext.P1 is not correct or sustainable, which contention is vehemently disputed from the part of the standing counsel appearing for the second respondent, pointing out that Ext.P1 order was passed as early as on date 19.07.2008, and that the same has not been chosen to be challenged so far and hence the petitioners are not supposed to raise any such challenge in the present Writ Petition. 2. Learned counsel for the petitioner submits with specific reference to the prayers raised in the Writ Petition that, the principal amount of Rs.3,29,399/- ordered to be paid vide Ext.P1 order is intended to be cleared by the petitioners by way of reasonable instalments, provided some instalment benefit is extended in this regard. It is also pointed out that, the liability with interest and such other expenses has already been WPC NO.22663/2009 2 sought to be challenged by filing Ext.P4 representation, which is now stated as pending before the first respondent. 3. After hearing both the sides including the learned standing counsel for the second respondent and the learned Senior Government Pleader for the other respondents, the petitioners are directed to pay the principal sum of Rs.3,29,399/- mentioned in Ext.P1 by way of seven equal monthly instalments; the first of which shall be remitted on or before the 31st of this month, followed by the remaining instalments to be effected on or before the 30th of the succeeding months. The first respondent is directed to consider Ext.P4 representation now stated as pending before the first respondent, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Subject to the above, the recovery proceedings stated as being pursued against the petitioners on the basis of Ext.P2 and P3 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc