IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 OP.No. 5610 of 1995(P) ------------------------------- PETITIONER: ---------------- P. VIJAYAN, PROPRIETOR, CHANDANA TOURIST HOME, MARAYUR, MUNNAR. BY ADV. SRI.ROY CHACKO SRI.P.S.GEORGE RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, RE. BY THE CHIEF SECRETARY TO GOVT., TRIVANDRUM. 2. THE ASST. EXCISE COMMISSIONER, IDUKKI DIVISION, THODUPUZHA. 3. THE ASSISTANT EXCISE COMMISSIONER, IDUKKI DIVISION, THODUPUZHA. BY GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 10010/1995 IN OP NO. 5610/1995 P. DISMISSED 24/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. PETITIONER'S EXHIBITS NIL. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J = = = = = = = = = = = = = = = = O.P.No. 5610 OF 1995 = = = = = = = = = = = = = Dated this the 24th day of March, 2008. J U D G M E N T The original petition is filed by the petitioner to declare that the Kerala Abkari Worerks Welfare Fund Act, 1989 is unconstitutional. The petitioner is the proprietor of Chandana Tourist Home, Marayur, Munnar. The contention raised is that in the light of the provisions of Employees Provident Fund and Miscellaneous Provisions Act, there cannot be a double benefit, as far as employees are concerned. 2. The learned counsel for the petitioner invited my attention to the judgment of a Division Bench of this Court in O.P.No. 15541/1995 and connected cases, wherein similar matters have been disposed of with a direction to the Government to examine as to whether the employees are getting double benefits under the Central Act as well as State Act. O.P.No. 5610 OF 1995 2 3. In the light of the above, following the same, I direct the 1st respondent to consider the matter as to whether there is overlapping of the provisions and whether the employees get double benefits under the provisions of the Central Act as well as the State Act. The Government will give an opportunity of hearing to the petitioner and the workers. Appropriate decision shall be taken within a period of six months from the date of receipt of a copy of this judgment. The legal issues raised are left open. OP is disposed of as above. T.R.RAMACHANDRAN NAIR JUDGE bkn/-