IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WA.No. 1678 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.27908/2010 Dated 10/10/2011 .................... APPELLANT/PETITIONER: -------------- P.K.MOHANAN, AGED 46 YEARS, S/O.KUMARAN, PARASSERY HOUSE,NORTH PARAVUR ERNAKULAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LABOUR (B) DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001. 2. THE WELFARE FUND INSPECTOR TODDY WORKERS WELFARE FUND, PALAKKAD-698 001. 3. THE VILLAGE OFFICER, NORTH PARAVUR-678 031. G.P. SRI.GEORGE MECHERIL FOR R1 ADV. SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WE FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1678 of 2011 .................................................................... Dated this the 4th day of November, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Appeal is filed against judgment of the learned Single Judge rejecting appellant's challenge against further demand towards Toddy Workers' Welfare Fund contribution, interest thereon as well as collection charges demanded under Rule 5A of the Revenue Recovery Rules. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Toddy Workers Welfare Fund Board. 2. After hearing both sides, what we feel is that adjustment of payment towards interest is perfectly justified. This means that for the balance outstanding interest will still be payable at the statutory rate until he discharges the liability. However, since appellant has made voluntary payment and has offered to make payment of balance amount, we feel collection charges should not be recovered from appellant as no collection by coercive steps is made by recovery 2 authority. Writ appeal is accordingly disposed of modifying the judgment of the learned Single Judge by waiving collection charges claimed from the appellant provided appellant makes payment of entire balance dues within one month from today. There will be direction to the second respondent to give a statement of balance outstanding excluding collection charges within a week from date of production of copy of this judgment for the appellant to make payment. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms