IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 4296 of 2002(J) ---------------------- PETITIONER: ------------ T.N.VIJAYAN S/O.NARAYANAN,THEKKEL HOUSE, CHATHANTHARA P.O.,KOTTTAMULA VILLAGE, VECHOOCHIRA PANCHAYATH,RANNI. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY IT'S SECRETARY TO GOVERNMENT,EXERCISE DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT WELFARE FUND INSPECTOR,KERALA TODDY WORKERS WELFARE FUND BOARD,PATHANAMTHITTA. 3. TAHASILDAR (R.R),TALUK OFFICE,RANNI. R2 BY ADV. SRI.K.K.BABU R1 & R3 BY GOVERNMENT PLEADER SMT. SMITHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LICENCE DATED 31.3.2001 ISSUED BY THE ASST. EXCISE COMMISSIONER, PATHANAMTHITTA TO THE SOCIETY. EXT.P2 TRUE COPY OF THE DEMAND DATED 22.6.2001 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE RECOVERY NOTICE DATED 28.1.2002 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 4296 OF 2002 -------------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT In view of the decision reported in SUSEELAN V. STATE OF KERALA, (2002) 1 K.L.T. 226, petitioner cannot be proceeded against personally for recovery of toddy workers welfare fund arrears due from the society of which petitioner was the Secretary. However, those who carried on the business without making deduction can be prosecuted and other legal proceedings can be taken under the statute. O.P. is allowed quashing personal recovery against the petitioner, but leaving freedom to the respondents to proceed against those involved in violating statutory provision in regard to recovery and payment of wages along with contribution from the management. Similarly, there will be direction to the Welfare Fund Inspector to consider removal of those persons who involved in violation of the statute from the benefit of the Fund. (C.N. RAMACHANDRAN NAIR) Judge 2