IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 35836 of 2008(N) -------------------------- PETITIONER: --------------- JOBY AUGUSTINE, EDAKKARA, EZHACKERY PO., VELILAPALLY VILLAGE, PALA, KOTTAYAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF LABOUR, THIRUVANANTHAPURAM. 2. CHIEF WELFARE FUND INSPECTOR, KERALA TODDY WORKER'S WELFARE FUND BOARD, THIRUVANANTHAPURAM. 3. WELFARE FUND INSPECTOR, OFFICE OF THE TODDY WORKERS' WELFARE FUND INSPECTOR, KOTTAYAM. 4. V.B.RAJESH, VANDANNOOR HOUSE, THALANADU PO., KOTTAYAM. 5. V.V.RAJAN, SIVASAKTHI, POONJAR PO., KOTTAYAM. BY GOVERNMENT PLEADER SRI.P.M.MANOJ ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2,3 SRI.P.YADHU KUMAR FOR R5 SRI.P.BABU KUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 35836/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF WELFARE FUND ASSESSMENT ORDER PASSED BY THE 3RD RESPONDENT FOR THE YEAR 2004-2005 EXT.P2 : COPY OF PRE-ASSESSMENT NOTICE NO.K2:Era.39/05-06/PA/2970 DATED 1.8.2007 ISSUED BY THE 3RD RESPONDENT EXT.P3 : COPY OF THE DECLARATION FORM IN FORM 1 AND THE NOMINATION IN FORM 1A SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P4 : COPY OF REPORT DATED 6.3.2007 OF THE 3RD RESPONDENT EXT.P5 : COPY OF REPRESENTATION 12.4.2007 EXT.P6 : COPY OF OBJECTION SUBMITTED BEFORE 3RD RESPONDENT EXT.P7 : COPY OF REPLY ISSUED TO THE PETITIONER BY THE EXCISE INSPECTOR, ERRATTUPETTA EXT.P8 : COPY OF ORDER NO.Kor D/C1/6436, 16170/Reg/07 DATED 7.11.07 ISSUED BY THE 2ND RESPONDENT EXT.P9 : COPY OF JUDGMENT DATED 24.7.2008 IN W.P.(C) No. 1148/08 EXT.P10 : COPY OF DEPOSITIONS OF PETITIONER, THE EMPLOYEES OF T.S. NO.39 AND THAT OF RESPONDENTS 4 AND 5. EXT.P11 : COPY OF JUDGMENT DATED 27.2.04 IN CRL.APPEAL NO.109/01 OF THIS HONOURABLE COURT EXT.P12 : COPY OF ORDER NO.NO.Kor D/C1/6436, 16710/Reg/07/1007 DATED 1.9.08 RESPONDENT'S EXHIBITS: EXT.R4(a) : COPY OF THE PROOF AFFIDAVIT GIVEN BY PETITIONER BEFORE THE MUNSIFF COURT, ERATTUPETTA DATED 18.10.07 EXT.R4(b) : COPY OF THE INSTRUCTION ISSUED BY THE 2ND RESPONDENT DATED 18.4.2007 EXT.R4(c) : COPY OF THE NOTICE ISSUED BY THE LABOUR OFFICER DATED 6.10.2008 EXT.R4(d) : COPY OF THE ORDER ISSUED BY THE GOVERNOR OF KERALA DATED 27.5.2010 //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35836 OF 2008 -------------------------- Dated this the 8th day of August, 2011 J U D G M E N T Ext.P12 order passed by the Chief Welfare Fund Inspector of the Kerala Toddy Workers Welfare Fund Board to the effect that the fourth respondent is an employee of Toddy Shop No.39 of Erattupetta Range and he is entitled to registration under the Kerala Toddy Workers Welfare Fund Scheme with effect from 1.4.2005 is under challenge in this writ petition. 2. Though very many contentions are raised, it is not in dispute that the Government have by G.O(Rt)No.945/2010/LBR dated 27.5.2010 (Ext.R4(d) produced by the fourth respondent along with I.A. No.11509 of 2011, referred the question whether there was denial of employment to the fourth respondent for adjudication to the Industrial Tribunal, Idukki. In view of the order of reference now made by the Government to the Industrial Tribunal, the petitioner can raise all the contentions which he has raised in the instant writ petition before the Industrial Tribunal. I therefore find no reason to examine the validity of Ext.P12 in WPC No.35836/2008 2 this proceeding. The writ petition fails is accordingly dismissed reserving liberty with the petitioner to raise all the contentions raised in the instant writ petition including the plea that the fourth respondent was not his employee, before the Industrial Tribunal, Idukki which is in seizin of the dispute between the petitioner and the fourth respondent. P.N.RAVINDRAN, (JUDGE) vps