TODDY WORKERS W.F. INSPECTOR Vs. MADHAVAN NAIR

JUDGEMENT

(1.) 1. Leave granted.

(2.) This appeal is directed against the Order of a learned Single Judge of the High Court of Kerala at Ernakulam dated 30-11-1988 holding that the Civil Court had jurisdiction to try the Suit filed by the Respondent Nos. 1 & 2 for a declaration that they were not liable to pay any contribution in respect of Toddy Shop No.22 for the year 1983-84 and for issue of injunction order restraining the appellant and respondent Nos. 3 & 4 from realising the disputed amount from the plaintiffs.

(3.) The appellant raised a preliminary objection before the Trial Court that in view of Sec. 17(A) of the Kerala Toddy Worker's Welfare Fund Act, 1969, Civil Court had no jurisdiction to entertain the suit. The Trial Court upheld the appellant's objection holding that it had no jurisdiction to entertain the Suit. Respondent Nos.1 & 2 filed Revision Petition before the High Court against the Trial Court Order. A learned Single Judge of the High Court has held that the Civil Court had jurisdiction to entertain the Suit. The High Court set aside the Trial Court's Order and remanded the Suit to Trial Court to determine the question whether the plaintiffs were employers within the ambit of the Act.