IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WA.No. 2501 of 2008 --------------------- (AGAINST THE JUDGEMENT IN WPC.4172/2007 Dated 05/08/2008 ) APPELLANT/ IST RESPONDENT ---------------------------- STATE OF KERALA, REP. BY THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. SHRI T.K. MOHANAN RESPONDENTS/PETITONERS AND RESPONDENT NOS. 2 &3: ----------------------------------------------------------------- 1. MADHYA VIDESHA MADHYA VYAVASAYA THOZHILALI FEDERATION, INTUC OFFICE, SANTHI NAGAR JUNCTION, PRESS ROAD, THIRUVANANTHAPURAM, REP. BY ITS PRESIDENT, SRI.C.K.RAJAN. 2. M.ANIL KUMAR, ABKARI WORKER ON DAILY WAGES, FI-01-NO.13, NEDUMANGADU, THIRUVANANTHAPURAM. 3. KERALA STATE BEVERAGES (M&M) CORPORATION LTD., SASTHAMANGALAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 4. KERALA ABKARI WORKERS WELFARE FUND BOARD, POWER HOUSE ROAD, THIRUVANANTHAPURAM-36, REP. BY ITS CHIEF WELFARE FUND INSPECTOR. R1 AND R2 BY ADV.. SHRI DEEPU THANKAN R3 BY ADV. SRI.P.J.ELVIN PETER,SC,BEVERAGES CORPN. R4 BY ADV. SHRI M.K.C. DAS, SC, KAWWF. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ............................................................................ W.A. No. 2501 OF 2008 .................................................................................... Dated this the 29th January, 2009 J U D G M E N T Kurian Joseph, J. : The State is aggrieved by the judgment dated 05.08.2008 in W.P.(C) No.4172 of 2007. The writ petitioners are respondent Nos. 1 and 2 herein. The writ petition was filed, praying for a direction to enroll 50 members of the first petitioner-Federation and the second petitioner under the Kerala Abkari Workers Welfare Fund Scheme . The Government order dated 26.12.2006 in fact stood in the way of enrollment. The learned single Judge, vide Ext. P9 judgment in W.P.(C) Nos. 27944 of 2006 and connected cases had set aside the said Government order holding that in view of the Bench decision reported in 2006(4) ILR Kerala series 285 (Manoj K.R. vs. Kerala State Beverages Corporation), the State is bound to enroll the temporary workers who are otherwise qualified to be enrolled W.A. No. 2501 OF 2008 2 under the scheme. The said judgment has been confirmed by us in W.A.Nos. 2031 of 2008 and connected cases. For parity of the reasons, this Writ Appeal is dismissed. KURIAN JOSEPH, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk