IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 W.P(C).No. 5730 of 2008(F) -------------------------------- PETITIONER: -------------- PHILIP JOSE @ JOSE PHILIP, THEKKANATT HOUSE, KIDANGOOR POST, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: ----------------- 1. THE TODDY WORKERS WELFARE FUND- INSPECTOR, KOTTAYAM. 2. THE TAHSILDAR (R.R.), PALA. 3. PHILIP JOY, KUZHITHALAVANATTU HOUSE, PERUMBAIKAD, KOTTAYAM. BY ADV. SRI.K.D.BABU, SC, KTWWFB GOVT. PLEADER, SRI.I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5730 OF 2008 F ==================== Dated this the 3rd day of March, 2008 J U D G M E N T The matter arises in the Kerala Toddy Workers Welfare Fund Act. By Ext.P1, liability for contribution under the scheme framed under the Act was fastened on the petitioner. In pursuance to Ext.P1, action was initiated against the petitioner for realising the dues and it is submitted that item No.4 in Ext.P2 is in relation to the liability as per Ext.P1. Petitioner thereupon submitted Ext.P3 and also Ext.P4 addressed to the 2nd respondent by which the 3rd respondent, son of the actual employer, undertook the liability to discharge the liability under Ext.P1. 2. Although notice has been served on the 3rd respondent, there is no representation on his behalf. Now that by Ext.P4, the 3rd respondent has undertaken the liability due under Ext.P1, there is no reason why if the amount is recoverable from the 3rd respondent, proceedings should be continued against WPC 5730/08 :2 : the petitioner. In view of this, I feel that what is required to be done is to call upon the 2nd respondent to take up, consider and pass orders on Exts. P3 and P4. This the 2nd respondent shall do as expeditiously as possible, at any rate within four weeks of production of a copy of this judgment. 3. In the meantime, further proceedings against the petitioner, pursuant to Ext.P2 in so far as it concerns the liability under Ext.P1 shall be kept in abeyance. Before final decision on Exts. P3 and P4 are taken, petitioner shall be given notice. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp