IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 18802 of 2010(A) ----------------------------------------- PETITIONER(S): ------------------------ V.S.JENISH,S/O.V.K.SASIKUMAR, AGED 28, VAZHAYIL HOUSE,MEENACHIL P.O.,KOTTAYAM -686589. BY ADVS. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SMT.M.KABANI DINESH SMT.FASHIYA YOUSEFF SRI.C.K.RAFEEK RESPONDENT(S): ----------------------- THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, KOTTAYAM. R1 BY ADV. SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WELFARE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.18802 of 2010 ------------------------------------------- Dated this the 4th August, 2010 JUDGMENT The petitioner was a licensee of Shop No.38/2006-2007 at Meenachil, Pala during the abkari year 2006-2007. He has paid contribution towards the Toddy Workers Welfare Fund for the period during which he had conducted the shop. During the year 2007-2008, he was issued a license for conducting another shop T.S.No.63/07-08 in Group IV of Pala Range at Kadayam. According to the petitioner, the licenses in respect of those shops were being renewed thereafter. It is the case of the petitioner that he was also the licensee of the said shops during 2006 and that he has already paid the advance contribution towards the Toddy Workers Welfare Fund for the entire period. Even though the enquiry that precedes the passing of the final determination order was held upto the year 2008-2009, no final determination order determining the compensation as contemplated by Section-8 of the Toddy Workers Welfare Fund Act has been passed so far in respect of the years 2007-2008 and 2008-2009. Due to the delay, the petitioner is constrained to pay more than Rs.1.5 lakhs to the Welfare Fund Board as advance wpc No.18802/2010 2 contribution. 2. It is submitted by Adv.K.D.Babu who appears for the Toddy Workers Welfare Fund Board that the proceedings for passing the final determination order in respect of the toddy shops that were licensed to the petitioner would be taken up and completed without further delay. However, he submits that since the procedure involves taking of evidence, examination of witnesses including the workers and other persons, a reasonable time may be granted. The counsel for the petitioner on the other hand submits that the enquiry is already over and that the proceedings could be completed within a month. 3. In the light of the submissions made above, this writ petition is disposed of directing the respondent to complete all the formalities and to pass the final determination order in respect of the toddy shops licensed to the petitioner, in accordance with law as expeditiously as possible and at any rate within a period of three months from today. K.SURENDRA MOHAN, JUDGE css/