IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 4114 of 2004(M) ------------------------- PETITIONER: ------------ O.V.SUBRAHMANIAN, UNNAKKATTU HOUSE, KUDAYATHOOR P.O., THODUPUZHA. BY ADV. SRI.R.SUDHIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, THODUPUZHA. 3. WELFARE FUND INSPECTOR, OFFICE OF THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND, THODUPUZHA. 4. SASIDHARAN, S/O. THANKAPPAN, MUDANTHIYIL (HOUSE), KUDAYATHOOR P.O., KUDAYATHOOR VILLAGE. BY GOVERNMENT PLEADER FOR R1,R2 SRI.RENIL ANTO, SC, KTWWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4114/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF NOTICE DATED 21/01/2004 ISSUED BY R2 TO PETITIONER. P2 : COPY OF NOTICE DATED 21/01/2004 ISSUED BY R2 TO PETIITONER. P3 : COPY OF REPRESENTATION DATED 27/01/2004 SUBMITTED BY PETITIONER. P4 : COPY OF PROCEEDINGS DATED 28/01/2004 OF R2. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 4114 of 2004 --------------------------------- Dated, this the 23rd day of May, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of arrears of toddy workers welfare fund contribution amounting to Rs.25,017/-. Eventhough petitioner was running the toddy shop, 4th respondent was the licencee. Demand of advance contribution was raised against 4th respondent and recovery was also initiated. However, amount could not be recovered. Thereafter, final determination order was issued, whereunder only differential amount was demanded from petitioner, which was remitted by the petitioner. When recovery of advance contribution was not possible from 4th respondent, respondents 2 & 3 initiated recovery proceedings against petitioner for the amount of advance contribution. Obviously, from the facts admitted, it is clear that no recovery was initiated against petitioner for advance contribution in time and as and when demand notice under final determination order was issued, petitioner made the payment. Since petitioner has paid the amount payable under the final determination order, which is the balance liability, obviously, petitioner is liable to pay the advance contribution also. However, delay has happened only WP(C) No. 4114/2004 -2- because respondent 2 or 3 or both of them, did not raise the demand against petitioner but pursued the matter against 4th respondent. In fact, if advance contribution was not paid, the same should have also been collected along with final determination order, which was also not done. In the circumstance, I feel delay in payment is not attributable to petitioner and therefore interest cannot be demanded more so because stay was granted by this Court from the time of filing the writ petition onwards. However, petitioner is given two months time from today to pay the balance contribution exclusive of interest, failing which, interest also can be recovered after one month. If petitioner produces copy of the judgment and makes payment of the contribution as above, then, interest payable will stand waived. This writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg