IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 16964 of 2006(T) -------------------------- PETITIONER(S): --------------- 1. T.RAJENDRAN, S/O.CHATHU, AGED 35 YEARS. 2. T.KESHAVAN, S/O.CHATHU, AGED 32 YEARS, 3. JANAKI, W/O.CHATHU, AGED 64 YEARS, ALL ARE RESIDING AT THAZHETHETHIL HOUSE, CHUNANGAD POST, AMBALAPPARA, OTTAPPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENT(S): --------------- 1. KERALA TODDY WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM, REPRESENTED BYITS SECRETARY. 2. WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, PALAKKAD. 3. THE TAHSILDAR 9RR), OTTAPPALAM TALUK, OTTAPPALAM. R1 ;AND R2 BY ADV. SRI.K.D.BABU,SC,KTWWFB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 PHOTOCOPY OF THE REPRESENTATION FILED BEFORE THE DISTRICT COLLECTOR, PALAKKAD DATED 30.1.2006 EXT.P2 PHOTOCOPY OF THE LETTER DATED 26.4.2006 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE YEAR 1993-94 EXT.P3 DO.DO.DO. IN RESPECT OF THE YEAR 1994-95 EXT.P4 DO.DO.DO. IN RESPECT OF THE YEAR 1995-96 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 16964 OF 2006 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT The challenge is against recovery proceedings for recovery of arrears of toddy workers welfare fund dues. Liability is not disputed and dispute is essentially against interest and demand of collection charges under the RR Rules. So far as interest is concerned, it is statutory and mandatory in nature which defaulters are liable to pay. However, no collection charges will be recovered from the petitioners, if the arrears are paid voluntarily. However, if arrears are still due the respondents will continue recovery proceedings for recovery of arrears with interest. W.P.C. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2