IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24795 of 2009(T) -------------------------- PETITIONER: --------------- K.R.ROSHY,S/O.RAMAKRISHNAN,KOLLARA HOUSE KARIKKAMURI CROSS ROAD,ERNAKULAM. BY ADV. SRI.K.S.AJAYAGHOSH RESPONDENTS: --------------- 1. THE SECRETARY TO GOVERNMENT,LABOUR AND REHABILITATION(S)DEPARTMENT,GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE WELFARE FUND INSPECTOR-II,KERALA TODDY WORKERS WELFARE FUND BOARD,ERNAKULAM. BY GOVT. PLEADER SRI.P.N SANTHOSH ADV. SRI.KOSHY GEORGE,SC,KTWWFB,(TODDY WORKE FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 24795 of 2009 -------------------------- Dated this the 27th August,2009 J U D G M E N T Petitioner was assessed for contribution under the Toddy Workers Welfare Fund Act for the assessment year 1999-2000 under Ext.P4 order. He preferred a statutory appeal before the Government as per Ext.P5. The same was returned as per Ext.P6 on the ground that the petitioner had not affixed the requisite court fee for the purpose of the Kerala Legal Benefit Fund as contemplated by statutory notification SRO 226/2002. Ext.P6 is under challenge in this writ petition. 2. Heard learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for the 2nd respondent Sri.Koshy George. 3. Issue raised by the petitioner is covered in his favour by the judgment of this Court in Ismail Vs.State of Kerala [2005(3) KLT 1052]. Right to file an appeal was treated as regulated by the provisions which were prevailing during the period in relation to which the assessment was made. Since the additional levy was W.P ( C) No. 24795 of 2009 2 brought into force only subsequent to the assessment year 1999-2000, petitioner cannot be called upon to pay the court fees as brought about by SRO 226/2002. Accordingly, Ext.P6 is set aside. First respondent is directed to receive Ext.P6 on file and dispose of the same, in accordance with law, within three months from the date of receipt of a copy of this judgment. Enforcement of Ext.P4 shall be kept in abeyance till an order is passed on Ext.P5 appeal. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 24795 of 2009 3 W.P ( C) No. 24795 of 2009 4