IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 2020 of 2011(B) ---------------------- PETITIONER : -------------------- GEORGE MATHEW, S/O.MATHEW, AGED 55, PARAPPATT HOUSE, VETTAMPARA P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT, STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2. THE WELFARE FUND INSPECTOR, TODDY WORKERS WELFARE FUND, THODUPUZHA, IDUKKI DISTRICT - 685 584. 3. SRI.K.KUTTAPPAN, KARIMANKUNNIL HOUSE, PINDIMANA P.O., ERNAKULAM DISTRICT - 686 698. R2 BY ADV. SRI. RENIL ANTO, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 2020 OF 2011 -------------------------- Dated this the 20th day of January, 2011 J U D G M E N T The petitioner is an abkari contractor. He was the licencee of several toddy shops of Kothamangalam Excise Range during the years 2007-2008, 2008-2009 and 2009-2010. Provisional assessment orders have been passed in respect of the years 2007- 2008 and 2009-2010 and the final determination order has been passed under section 8 of the Kerala Toddy Workers Welfare Fund Act, 1969 (hereinafter referred to as 'the Act' for short) for the year 2008-09. Ext.P7 is the order issued in that regard by the second respondent. Aggrieved by Ext.P7, the petitioner has filed Ext.P8 appeal before the first respondent in terms of section 8(5) of the Act. In this writ petition, the petitioner seeks a direction to the first respondent to expeditiously hear and dispose of Ext.P8 appeal and Ext.P9 stay petition filed along with it. The petitioner also seeks a stay of recovery of the amount determined in Ext.P7 order. As regards the assessment years 2007-2008 and 2009-2010, the petitioner contends that the second respondent may be directed to consider his objections regarding the entitlement of the third WPC No.2020/2011 2 respondent for coverage under the Toddy Workers Welfare Fund Scheme on the ground that the third respondent attained the age of superannuation on 5.7.2007 and is therefore ineligible to be a member of the fund thereafter. 2. Sri. Renil Anto Kadamkulathi, learned standing counsel appearing for the second respondent submitted that as the petitioner has filed an appeal before the Government and a stay petition along with it, the petitioner should move the Government for expeditious disposal of the appeal and also seek interim orders instead of seeking the intervention of this Court at this stage. As regards the assessment years 2007-2008 and 2009-2010, the learned standing counsel submitted that the petitioner should await the final determination order before complaining about the quantification made therein. 3. It is evident from the pleadings and the materials on record that the determination orders in relation to the assessment years 2007-2008 and 2009-2010 are yet to be made by the second respondent. In such circumstances, no relief can be granted in respect of the said assessment years. As regards the assessment year 2008-2009, Ext.P7 final determination order has been passed. Aggrieved thereby, the petitioner has filed Ext.P8 appeal along with WPC No.2020/2011 3 Ext.P9 stay petition before the Government. Since the petitioner has already invoked the appellate remedy available to him, I am of the opinion that he should pursue the said remedy instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with a direction to the Government to consider Ext.P9 stay petition filed in Ext.P8 appeal and pass orders thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Labour & Rehabilitation Department. The Government shall also pass final orders on Ext.P8 appeal after notice to respondents 2 and 3 within four months from the date of receipt of the certified copy of the judgment. Till such time as orders are passed on Ext.P9 stay petition, recovery of the contribution payable in respect of the third respondent shall stand stayed, if the petitioner deposits the share of contribution payable in respect of the other employees, within two weeks from today. P.N.RAVINDRAN, (JUDGE) vps WPC No.2020/2011 4 WPC No.2020/2011 5