IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 33780 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. SUBHASH SOMAN, ROHINI, PALLIKKAL MYLOM, KOTTARAKKARA. 2. SUJITH SOMAN, ROHINI, PALLIKKAL MYLOM, KOTTARAKKARA. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S): --------------- 1. THE KERALA TODDY WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS SECRETARY THE KERALA TODDY WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM. 2. THE SECRETARY THE KERALALTODDY WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM. 3. DISTRICT WELFARE FUND INSPECTOR, THE KERALA TODY WORKERS WELFARE FUND BOARD, KOLLAM. BY ADV. SRI. RENIL AUTO, C.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 33780 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th December, 2009. J U D G M E N T The petitioners are directors of a Company running a hotel-cum- resort. The hotel applied for a FL3 licence under the Foreign Liquor Rules, 1953. As per Rules, the petitioners have to produce a clearance certificate from the Toddy Workers Welfare Fund Board certifying that the petitioners are not defaulters in payment of dues under the Toddy Workers Welfare Fund Act. They applied before the 3rd respondent for a no dues certificate. By Ext. P3, the 3rd respondent rejected the same on the ground that the father of the petitioners is a defaulter in payment of welfare fund contributions under the Toddy Workers Welfare Fund. The contention of the petitioners is that their father is still alive and they cannot be made liable for the dues of their father as far as the father is not in any way connected with the business, in which the petitioners are directors. 2. Learned standing counsel for the respondents submits that the 3rd respondent has issued Ext. P3 since the petitioners are the legal heirs of properties of Sri. G. Soman, who has defaulted contributions payable under the Kerala Toddy Workers Welfare Fund Act and therefore, in order to recover the same, they have insisted on the petitioners clearing the said dues. 3. Insofar as, as per Indian law, father and son are separate entities, for the liability of the father, the sons cannot be proceeded against. That being so, the denial of no dues certificate to the petitioners on the ground that their father is a defaulter in payment of contributions under the Kerala Toddy Workers Welfare Fund Act does not appear to be sustainable. In the above circumstances, Ext. P3 is quashed. The 3rd respondent is directed to issue a no dues certificate to the W.P.C. No. 33780/09 -: 2 :- petitioners as contemplated under law, if they are otherwise entitled to the same. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy]