IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 W.P(C).No. 25897 of 2008(G) -------------------------- PETITIONER: ------------ VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM, MYTHRI BHAVAN, NEAR DOORDARSHAN KENDRA, KAKKANAD, KOCHI - 682 037, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.V.M.KURIAN SRI. MATHEW B. KURIAN M K.T. THOMAS RESPONDENTS: ------------ 1. THE LABOUR WELFARE FUND INSPECTOR, LUCKY STAR BUILDING, MARKET ROAD, NEAR SARITHA THEATRE, COLLEGE P.O., ERNAKULAM, KOCHI-682035. 2. THE LABOUR WELFARE FUND COMMISSIONER, T.C.15/527, SREEVALSAM, VAZHUTHAKAD, THIRUVANANTHAPURAM 695014. 3. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, KOCHI -682011. 4. ADDITIOINAL 4TH RESPONDENT - STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 29.8.2008 IN I.A.11367 OF 2008. BY SRI. I.V. PRAMOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.25897 of 2008 ================== Dated this the 29th day of August, 2008. J U D G M E N T The petitioner is a company registered under the Companies Act, which is sponsored by the Government of Kerala. The company has been established with the assistance of the European Union with the object of improvement of horticulture production in the State by helping the farmers engaged in horticulture, which objects are pursued by the Company. According to the petitioner, theirs is a service organization and not a commercial establishment or factory. Their grievance is that in spite of the above facts the respondents have initiated proceedings under the Kerala Labour Welfare Fund Act to cover their establishment under that Act and to recover contributions under that Act. The petitioner challenges the same on the ground that the petitioner is not an establishment as defined in the Kerala Labour Welfare Fund Act and therefore they are not liable to pay contribution under the Act. 2. I am of opinion that, the petitioner being a Government sponsored organization, the Government should first consider W.P(C)No.25897 of 2008 - 2 - the matter. The petitioner has now submitted Ext.P8 representation in this regard before the additional 4th respondent. In the above circumstances, I dispose of this writ petition with a direction to the additional 4th respondent, Government of Kerala to consider and pass appropriate orders on Ext.P8, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. Till orders are thus passed further proceedings under the Labour Welfare Fund Act against the petitioner shall be kept in abeyance. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the additional 4th respondent for compliance. S.SIRI JAGAN, JUDGE rhs