IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 22268 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. P.SURESH BABU, PALERI HOUSE, P.O.PARAPURAM, PINARAYI VILLAGE, THALASSERY, KANNUR DISTRICT. 2. K.M.SASEENDRAN, SNEHANGANAM, P.O.PARAPURAM, PINARAYI VILLAGE, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR SRI.S.N.SREEKANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVT., SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHAIRMAN, KERALA TODDY WORKERS WELFARE FUND BOARD, TRIVANDRUM DISTRICT. BY SC SRI.RENIL ANTO GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).22268/2009 ....................... Dated this the 14th day of August, 2009 JUDGMENT 1st petitioner claims to be the President of Deseeya Chethu Thozhilali Union. Petitioners have approached this Court challenging Ext.P6 order passed by the Chairman of the Toddy Workers Welfare Fund Board rejecting a request made by the petitioners for the Toddy Workers in the Thalassery range, who had conducted toddy shops in the Thalassery range earlier, when there was a default on the part of the licensees to conduct such toddy shops during a particular period. The issue relates to payment of contribution under the Toddy Workers Welfare Fund Act and the liability of the workers who had taken over the conduct of such toddy shops. According to the petitioners, Government had exempted similarly situated persons, in the Ernakulam range and therefore, they claim similar benefit in the Thalassery range also. It seems that ultimately, the contributions due under the Act were effected. There was a demand for interest and damages. Exemption was claimed before the Welfare Fund Board W.P.(C).22268/09 2 related to the collection charges and interest and by Ext.P6 order, Chairman of the Board held that there is no provision in the statute for an exemption from payment of interest and collection charges and such exemption if at all could be granted only by the Government. 2. Thereafter, the petitioners moved the Government as per Ext.P7 styling the same as an appeal against Ext.P6. Petitioners have approached the Government with a request that the Government should interfere and see that the interest and collection charges need not be collected from the defaulters of contribution under the Toddy Workers Welfare Fund Act in the Thalassery Range. 3. I am not completely satisfied by the locus standi of the petitioners in this regard to prosecute Ext.P7. Be that as it may, since Ext.P7 has been submitted before the Government, the same shall be looked into and appropriate decision taken thereon, after due notice to the Board also, within four months from the date of receipt of a copy of this judgment. It is made clear that I have not W.P.(C).22268/09 3 expressed any opinion on the merits of the claim made by the petitioners or the merits of the request contained in Ext.P7. It is upto the Government to take an appropriate decision in this regard. Writ petition is disposed of as above. V.GIRI, Judge mrcs