RAMAN MADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is aggrieved by the concurrent adverse decisions of the courts below by which the suit had been dismissed as not maintainable. The view was taken on a preliminary issue after the parties had presented their pleadings and the court had raised the issues.

(2.) The skeletal facts necessary to consider the contention of the appellant may now be staled.

(3.) The appellant had connections with abkari business. He was licensee of a toddy shop during the year 1974-75. Proceedings initiated under The Kerala Toddy Workers' Welfare Fund Act, 1969 (hereinafter referred to as the 'Act') resulted in orders casting a liability on him. According to the State and the statutory authorities dealing with Toddy Workers' Welfare Fund, he was an employer of the workmen in the toddy shop and as such bound to make the contributions as enjoined under that statutory scheme. The order has become final. The appellant had not challenged the order by resort to Art.226 of the Constitution. He, however, thought that a suit could be filed and relief could be obtained.