K K BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE petitions challenge the validity of the Kerala Toddy Workers' Welfare Fund Act, 1969 (hereinafter referred to as the Act ). The contentions urged were that the stipulations in the Act that the employers should make contribution towards a fund to be established under the provisions of the Act and the scheme framed under the Act, are repugnant to the Employees' Provident Funds Act, 1952, a Central enactment, and that the stipulation for contribution towards gratuity which must also be credited to the same fund it an unreasonable restriction on the right of an employer to carry on any occupation, trade or business guaranteed by Article 19 (I) (g) of the Constitution. Further, it was urged that the provision in Section 3 of the Act enabling the Government by notification in the Gazette to frame a scheme to be called the Toddy Workers' Welfare Fund Scheme for the establishment of a fund under the Act is bad in that it provides for delegated legislation without giving any guidance in relation to the manner in which the scheme should be framed.

(2.) THE provisions of the scheme that has been framed and published along with the Act in paragraphs 45 (b) and 60 thereof were also separately challenged,

(3.) PARAGRAPH 28 of the scheme, as it originally stood, was in these terms: 28. Membership. ?every employee shall be entitled and required to be a member of the fund from the beginning of the financial year immediately following the date on which the scheme comes into force if he has completed three months continuous service.