IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29879 of 2011(H) ---------------------------------------- PETITIONER(S): -------------------------- 1. P.B. SUNILKUMAR, AGED 41 YEARS, S/O.BALACHANDRAN, PUNNAKKATHARAYIL HOUSE, MATHILAKAM P.O., THRISSUR DIST. 2. P.K.SUBRAMANIAN, S/O.KUMARAN, PUNNAKKATHARAYIL HOUSE, MATHILAKAM P.O., THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENT(S): ---------------------------- 1. THE TODDY WORKERS WELFARE FUND BOARD, REP. BY WELFARE FUND INSPECTOR, THRISSUR, PIN-680 003. 2. STATE OF KERALA REP. BY DEPARTMENT OF LABOUR AND REHABILITATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 3. TAHSILDAR, KODUNGALLUR TALUK, THRISSUR PIN-680 664. R1 BY ADV.SRI.RENIL ANTO,SC.KTWWF BOARD R2 & R3 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29879/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE PARTNERSHIP DEED DATED 01.8.1998. EXT.P2 TRUE COPY OF THE JUDGMENT IN W.P(C)18266/2003 DATED 9.1.2006. EXT.P3 TRUE COPY OF THE ASSESSMENT ORDER PASSED BY THE 2ND RESPONDENT DATED 27.1.2011. EXT.P4 TRUE COPY OF THE APPEAL FILED BY THE PETITIONERS AGAINST EXT.P3 EXT.P4(a) TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT.P4 APPEAL FILED BY THE PETITIONERS. EXT.P5 TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE 1ST RESPONDENT. EXT.P6 TRUE COPY OF THE INTIMATION DATED 6.7.2011 ISSUED BY THE 1ST RESPONDENT REGARDING THE ACCEPTANCE OF THE APPEALS TO FILE. EXT.P7 TRUE COPY OF THE NOTICE DATED 29.9.2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29879 of 2011 ----------------------------------------- Dated this the 9th day of November, 2011 JUDGMENT The petitioners, along with 13 others, were the licensees of 86 toddy shops in Kodungallur range during the period 1999- 2000. They have filed this writ petition mainly challenging Ext.P3 order dated 27.1.2011 issued by the Welfare Fund Inspector, Kerala Toddy Workers Welfare Fund Board, Thrissur determining the amount payable by them by way of contribution to the Toddy Workers Welfare Fund and Ext.P7 sale proclamation issued by the third respondent under section 49(2) of the Kerala Revenue Recovery Act proposing to sell an item of immovable property belonging to them to realise the amount due from them with interest. 2. Ext.P3 order of determination was passed on 27.1.2011. Aggrieved thereby the petitioners have filed Ext.P4 appeal accompanied by Ext.P4(a) stay petition before the State Government. Though the appeal memorandum and the stay petition bear the date 10.3.2011, Ext.P6 letter sent by the W.P(C).No.29879 of 2011 -:2:- Secretary to Government, Department of Labour and Rehabilitation, to the petitioners indicates that the memorandum of appeal was presented on 19.3.2011. It is thus evident from the materials on record that challenging Ext.P3 order the petitioners have invoked the appellate remedy available to them. In such circumstances I am of the opinion that the petitioners should pursue the appeal instead of seeking the intervention of this Court. In view of the fact that large amounts are due from the petitioners and the order impugned in the appeal discloses that contribution from the employees was deducted from their wages, I am of the opinion that the petitioners should deposit 1/5th of the amount demanded in Ext.P3 order as a condition for stay of further proceedings pursuant to Ext.P7 notice. I accordingly dispose of the writ petition with the following directions: (a) The petitioners shall, within two weeks from today, deposit 20% of the amount demanded in Ext.P3 order of determination with the first respondent. (b) Upon such deposit being made the confirmation of the sale held pursuant to Ext.P7 shall be kept in abeyance. (c) In the event of the petitioner depositing 20% of the amount as directed above and producing proof of such payment W.P(C).No.29879 of 2011 -:3:- before the Secretary to Government of Kerala, Department of Labour and Rehabilitation, the Government shall consider Ext.P4 appeal and pass appropriate orders thereon within one month from the date of receipt of proof of payment of the 20% of the amount demanded, after affording the petitioners and the Toddy Workers Welfare Fund Board an opportunity of being heard. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29879 of 2011 ---------------------------- JUDGMENT 9th November, 2011