IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 W.P(C).No. 8719 of 2008(K) -------------------------------- PETITIONER: -------------- KAMALAPPAN P.K. , S/O. K.KUNJUNNI GURUKRIPA, ARPOOKKARA EAST P.O., KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENTS: ----------------- 1. THE WELFARE FUND INSPECTOR KERALA TODDY WORKERS WELFARE FUND BOARD KOTTAYAM 2. THE CHIEF WELFARE FUND INSPECTOR KERALA TODDY WORKERS WELFARE FUND BOARD THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVT.LABOUR (B) DEPATMENT, GOVT. OF KERALA, SECRETARIT THIRUVANANTHAPURAM. BY ADV. SRI.K.D.BABU, SC, KTWWFB GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8719 OF 2008 K ==================== Dated this the 19th day of March, 2008 J U D G M E N T In this writ petition, Ext.P2 is the final determination order passed by the 1st respondent holding the petitioner liable to pay certain amount towards the welfare fund dues under the Toddy Workers Welfare Fund Scheme. According to the petitioner, though Ext.P2 is dated 25/10/2007, that was not served on the petitioner and he received it only when he himself went to the office of the 1st respondent on 25.2.2008. It is stated that thereupon the petitioner filed Ext.P3 appeal before the 3rd respondent and that the said appeal is pending. 2. Petitioner admits that out of the amount that is now found to be due in Ext.P2, he is liable only to pay Rs.21,113/- and is disputing the liability for the balance amount. It is stated that in the meantime, in view of the non payment of the disputed amount, he is not issued a clearance certificate as a result of which, he will not be in a position to get the licence for the next abkari year. It is on this grievance, the writ petition has been filed. 3. Going by the final determination order, irrespective of the WPC 8719/08 :2 : contentions that are raised by the petitioner, petitioner is liable to make payment of the entire amount that is now found to be due. This liability can be avoided only if the appeal is decided in his favour. Therefore, as at present, petitioner cannot plead that his liability is only Rs.21,113/- and not for the full amount. If that be so, the respondents cannot be faulted for not issuing the clearance certificate at this stage. 4. However, having regard to the fact that the appeal is pending and that unless the petitioner gets a clearance certificate, he will not be able to get licence for the next year, I direct that on the petitioner remitting the admitted amount of Rs.21,113/- and furnish adequate security for the balance disputed amount to the satisfaction of the 1st respondent, the said respondent shall issue a clearance certificate. 5. It is directed that the 3rd respondent before whom Ext.P3 appeal is pending shall dispose of the appeal, as expeditiously as possible, at any rate within 8 weeks of receipt of a copy of this judgment. Depending upon the outcome of Ext.P3 appeal, petitioner shall discharge additional liability, if any, and in case he fails to do so, the 1st respondent WPC 8719/08 :3 : will be free to proceed against the security or initiate recovery proceedings as also recall the clearance certificate issued in pursuance to the direction issued herein above. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp