IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 W.P(C).No. 9804 of 2008(P) --------------------------------- PETITIONER: --------------- M.P.NATARAJAN, MAKKAPARAMBIL, VETTAKKAL PO CHERTHALA. BY ADV. SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY SECRETARY FOR LABOUR AND REHABILITATION SECRETARIAT THIRUVANANTHAPURAM. 2. WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND, ALAPPUZHA 3. ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 4. DISTRICT COLLECTOR, ALAPPUZHA. BY ADV. SRI. KOSHY GEORGE, SC FIR KTWWF GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 9804 OF 2008 P ==================== Dated this the 25th day of March, 2008 J U D G M E N T The petitioner submits that against Exts.P4 and P5 assessment orders, he has filed Exts.P6 and P7 appeals which are pending consideration of the 1st respondent. Although petitioner has also sought stay of recovery of the amounts due by filing Exts.P8 and P9 stay petitions, these stay petitions have not been considered by the 1st respondent. According to him, since the auction is to commence on 27/3/2008, for the non remittance of the amounts due in terms of Exts.P4 & P5, petitioner will be treated as a defaulter and will not be permitted to participate in the auction. It is in this background this writ petition has been filed praying for quashing Exts. P4 and P5 and directing the respondents not to effect any recovery pending consideration of the appeals. He is also seeking an order directing the respondents not to treat the petitioner as a defaulter towards the contribution payable to the welfare fund. 2. Having regard to the fact that Exts. P6 and P7 appeals filed by the petitioner are pending consideration of the 1st respondent, it is necessary that the 1st respondent shall expedite hearing of these appeals. WPC No. 9804/08 :2 : Accordingly, I direct that the 1st respondent shall consider and pass orders on Exts. P6 and P7 appeals, as expeditiously as possible, at any rate within eight weeks of production of a copy of this judgment. 3. During the course of the submissions, petitioner made reference to Exts. P2 and P3 judgments rendered by this court and submitted that he never had occasion to engage Sri.P.K.Dinesan, whose name also figures in Exts.P4 and P5 assessment orders. According to him, since he has not employed this particular person, he has no liability to pay contribution in respect of him. Irrespective of whether the petitioner has engaged Sri.P.K.Dinesan or not, the fact remains that contribution is due in respect of two other employees, whose names in Exts. P4 and P5. Since in the light of Exts. P2 and P3 judgments rendered by this court in relation to a dispute raised by the aforesaid Sri.Dinesan and on account of the serious dispute that the petitioner has raised regarding the allegation of employment of the aforesaid person, I feel justice demands that the petitioner should not be called upon to pay the contribution due in respect of Sri.Dinesan pending decision on Exts. P6 and P7 appeals. 4. Accordingly, I direct that on the petitioner remitting the entire amount due other than the amount towards Sri.P.K.Dinesan, there will be WPC No. 9804/08 :3 : stay of recovery of the amounts due thereunder until Exts. P6 and P7 appeals are decided. Needless to say that the 1st respondent while disposing of appeals as above, will not be guided by any observations made in this judgment regarding the employment or non employment of any one of the persons. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp