MUTHU ROWTHER Vs. STATE OF KERALA

JUDGEMENT

(1.) These are petitions filed by landowners, under Art.226 of the Constitution, challenging the validity of the Kerala Agricultural Workers Provident Fund Scheme, 1975 framed by the State Government in exercise of power under S.8(1) of the Kerala Agricultural Workers Act, 1974 (18/74).

(2.) The object of the Act is to provide for the welfare of the agricultural workers in the State of Kerala and to regulate the conditions of their work. S.1(3) provides that the Act shall come into force on a date to be notified by Government and that different dates may be appointed for different areas and for different provisions of the Act. Chap.2 provides for the appointment/constitution of Conciliation Officers, Agricultural Tribunals and inspectors. Chap.3 contains provisions for security of employment and welfare. Chap.4 deals with hours of work, intervals of rest, overtime payment and wages. The provisions of Chap.5 mainly relate to settlement of 'agricultural disputes', through conciliation and adjudication. Chap.6 deals with penalties, offences and prosecutions. Chap.7 contains 'miscellaneous' provisions; in particular, S.42 lays down that many of the provisions of the Act shall not apply "in relation to a landowner who does not hold more than one hectare in extent of land".

(3.) The Act received the assent of the President on-31-7-74; it was also included in the Ninth Schedule of the Constitution. All the provisions of the Act, except S.8 to 15, were brought into force on 2-10-75, in the whole State. S.8 to 15 were brought into force in the Palghat District alone, as per notification dated 6-8-79. The Provident Fund Scheme was framed and published in the Kerala Gazette on 15-8-1975, but was brought into force only from 9-8-79, as per S. R. O.805/79 dated 19-7-79.