IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WA.No.1624 of 2005 ----------------------------------- (AGAINST THE JUDGEMENT IN WPC.16047/2003 DATED 22/03/2005 & THE ORDER IN R.P.NO 319/2005 DATED 7-4-2005) .................... APPELLANT: 3RD RESPONDENT IN WPC & RP: ----------------------------------------------------------------- THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND, PALAKKAD. BY STANDING COUNSEL SRI.K.D.BABU. ADV. SRI.A.K.JOHN, SC, KTWWF BOARD RESPONDENTS: PETITIONER.& RESPONDENTS.1, 2 & 4 IN WPC/ REVIEW PETITIONER & RESPONDENTS 1,2 & 4 IN THE R.P: ----------------------------------------------------------------------------------------- 1. P.N. KRISHNADAS, S/O. NARAYANAN, POLAKULATH VEEDU, PALARIVATTOM, EDAPPALLY, KOCHI. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR (B) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, ERNAKULAM. 4. THE DEPUTY TAHSILDAR (R.R), KANAYANNUR TALUK, ERNAKULAM DISTRICT. R1 BY ADV. SRI.SANTHOSH MATHEW SRI.VAKKOM N.VIJAYAN SRI.VINITHA PRASANNAN SRI.RAGAM K.P. R2, R3 & R4 BY SENIOR GOVERNMENT PLEADER SRI.P.K.BABU. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2008, ALONG WITH WA NO. 2585 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.1624 of 2005 & W.A.No.2585 of 2005 ---------------------------------------------- Dated, this the 21st day of July, 2008 JUDGMENT H.L.Dattu, C.J. These writ appeals are directed against the orders passed by the learned Single Judge in W.P.(C) No.16047 of 2003 dated 22-3-2005 and R.P.No.319 of 2005 dated 7-4-2005. 2. While allowing the Review Petition filed by the contesting respondent in this writ appeal, the learned Single Judge has modified the rate of interest payable by the petitioner for belated payment of the amount due under the provisions of the Kerala Toddy Workers' Welfare Fund Act from 15% (sic 18%) to 12%. 3. The learned counsel appearing for the appellants in these writ appeals would submit that, the learned Single Judge while allowing the Review Petition No.319 of 2005 filed by the contesting respondent herein, should not have reduced the interest from 15% to 12% and the direction so issued by the learned Single Judge, according to the appellants, is contrary to the decision of this Court in Kerala Toddy Workers Welfare Fund Board Vs. K.K.Thankappan and others W.A.No.1624 of 2005 & W.A.No.2585 of 2005 -2- (W.A.No.567 of 2006 disposed of on 26th June, 2006). In the aforesaid decision, a Division Bench of this Court at paragraph 6 has observed as under: “6. We have heard learned counsel for the parties and perused the impugned judgment. There is considerable merit in the contention of the learned counsel as noted above. Rate of interest statutorily provided cannot be reduced in judicial proceedings. The High Court, with the power vested in it under Article 226 of the Constitution of India, would have no discretion to vary the interest payable under the statute as that would amount to enacting law, which is not permissible.” 4. After saying so, the learned Judges have granted permission to the defaulters under the Kerala Toddy Workers Welfare Fund Board to approach appropriate authorities either for modification/reduction of interest payable for the belated payment of the Kerala Toddy Workers' Welfare Fund contribution. 5. In view of the above, we cannot sustain the orders passed by the learned Single Judge in reducing the interest from 15% to 12%. We declare that the assessee is liable to pay interest as provided in the statutory provisions of the Kerala Toddy Workers' Welfare Fund Act. W.A.No.1624 of 2005 & W.A.No.2585 of 2005 -3- However, we make it clear that the orders passed by us, will not come in the way of the contesting respondent herein, if they so desire to approach the State Government by making appropriate application/representation for modification/reduction of interest payable for the belated payment of the Kerala Toddy Workers' Welfare Fund contribution. We have made this exception, in view of the peculiar facts and circumstances pleaded by the contesting respondent herein, in the Review Petition. It is needless to state that if and when such an application is filed, the appropriate authority/State Government may consider the representation. 5. In view of the orders passed in the writ appeals, all pending interlocutory applications are closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/dk.