SUSEELAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal admitted. Notice made returnable forthwith. Respondents 1 to 4 waive service through learned Government Pleader. Respondents 5 and 6 waive service through Mr. K.K. Babu, Standing Counsel for the Kerala Toddy Workers Welfare Fund Board. By consent, appeal called out for hearing and heard.

(2.) The appellant is the Secretary of the Karthikappally Taluk Chethu Vyavasaya Thozhilali Sahakarana Sangham Ltd. No. A.1071. The said society is a cooperative society registered under the provisions of the Kerala Cooperative Societies Act, formed for the purpose of conducting business in toddy. The members of the said society are toddy workers and toddy tappers. The said society obtained a licence to carry on toddy business in a certain shop in Kayamkulam Excise Range for the year 2001-2002. Under the provisions of the Kerala Toddy Workers Welfare Fund Act every employer is required to contribute certain prescribed percentage of the wages to a provident fund constituted under S.4 of the said Act. There was persistent default in making such contributions, both from employers and employees contributions, though deducted. Consequently, a notice was issued to the appellant for payment of the defaulted amount which runs into about Rs. 10,10,667/-. The amount not having been paid by the appellant, revenue recovery proceedings were taken against him vide Exts. P1 and P2. The appellant challenges the said revenue recovery proceedings by his Original Petition. The learned Single Judge while dismissing the Original Petition directed certain amount to be paid by the appellant. Being aggrieved, the appellant is before us in appeal.

(3.) The only question which has been strongly urged before us is that, merely because the appellant happened to be the Secretary of the Cooperative Society, there is no personal liability of the Secretary which can be enforced at the instance of respondents 5 and 6. This contention appears to be justified.