IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 OP.No. 7041 of 1998(L) ---------------------- PETITIONER(S): --------------- JOSEPH JOSEPH, MANARKADU HOUSE, MEENACHIL P.O., PALAI, KOTTAYAM. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, IDUKKI, THODUPUZHA 3. K.B.RAJU, KURAVACKATTU VEEDU, RAJAKKAD 4. K.N.KARUNAKARAN, EDAPPARAMBATHU HOUSE, MUNDAKAYAM P.O., KALLARKUTTY 5. JOHN JOHN KALLEKULAM, MUNDAKAYAM, KOTTAYAM. 6. U.K.GOPI, UPPANAKUZHIYIL, THOPPIPALA P.O., KATTAPPANA 7. K.N.KUMARAN, KANIYHAMPARAMBIL HOUSE, THOPPIPALA, KATTAPPANA. 8. M.;G.SURENDRAN, KOLLAMPARAMBIL, PRAKASH P.O., IDUKKI 9. JOHNY CHERUKUNNEL, KATTAPPANA. 10. CHACKO JOSEPH, MANIKKOMPEL, THOPPIPALA P.O., IDUKKI 11. K.K.RAJAN, KALACHIRAYIL, NEDUMKANDOM. ADV. SRI.K.K.BABU, SC,KTWWF BOARD SRI.K.P.DANDAPANI GOVERNMENT PLEADER SRI.RAVINDRA BABU SRI.RENIL ANTO, SC, KTWWF BOARD FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.7041/1998 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1-6-1995 EXT.P2. TRUE COPY OF THE ORDER NO.DO.B2/KATTAPPANA/66-92/92-93 DATED 29-7-1995 ISSUED BY THE 2ND RESPONDENT. EXT.P3. TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26-1-1996 EXT.P4. TRUE COPY OF THE ORDER NO.G.O.RT.2749/97/LBR DATED 29-9-1997 ISSUED BY THE FIRST RESPONDENT. / TRUE COPY / P.S.TO JUDGE. KURIAN JOSEPH, J. ----------------------------------------- O.P.No.7041 of 1998 ----------------------------------------- Dated this the 14th day of October, 2009 JUDGMENT Petitioner is aggrieved by Ext.P4 order passed by the Government. The issue arises under the Kerala Toddy Workers Welfare Fund Act. Ext.P2 is the assessment order. According to the petitioner, he is not the licensee. The disputed assessment year is 1992-93 and thereafter there cannot be any liability on him. Learned Standing Counsel appearing on behalf of the second respondent submits that the liability is joint and several, in view of the fact that there is a finding against the petitioner regarding the status of employer during the relevant period. However, placing reliance on the decision of the Supreme Court reported in Joseph Joseph v. State of Kerala (2002(1) KLT 827) it is submitted that the petitioner is not liable but the actual licencees are liable. Learned counsel for the second respondent submits that the decision will not apply since the petitioner was also the employer of the toddy shop during the disputed period. In O.P.No.7041 of 1998 -:2:- view of the disputed questions of fact it is only appropriate that the first respondent reconsiders Ext.P4 with notice to the petitioner and respondents 2 to 11. Accordingly I quash Ext.P4. There will be a direction to the first respondent to consider the issue afresh with notice to the petitioner and respondents 2 to 11. 2. Petitioner has already remitted 30% of the dues pursuant to the interim order dated 6-4-1998. It is made clear that further recovery shall be made only after the Government passes orders as above. It is also made clear that the judgment or the proceedings before the Government shall not stand in the way of the second respondent proceeding against others who were also found as employer under the provisions of the Act. The original petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. -------------------------------- O.P.No.7041 of 1998 -------------------------------- JUDGMENT 14th October, 2009