C RAJAN Vs. WELFARE FUND INSPECTOR

JUDGEMENT

(1.) The petitioner challenges Ext. P2 order passed by the first respondent, Welfare Fund Inspector, Toddy Workers Welfare Fund, Palakkad and Ext. P4 order passed by the Government of Kerala. Ext. P2 is an order dated 23-02-1991 passed by the first respondent in exercise of his powers under S.8(1) of the Kerala Toddy Workers Welfare Fund Act, 1969 (hereinafter referred to as "the Act"). Ext. P4 is an order dated 20-04-1995 passed by the Government rejecting the appeal filed by the petitioner under S.8(5) of the Act against Ext. P2 order.

(2.) As per S.8(1) of the Act, the Chief Welfare Fund Inspector or any other welfare Fund Inspector authorised by him in this behalf may, by order, determine the amount due from any employer under the provisions of the act or of the Scheme and for this purpose may conduct enquiry as he may deem necessary. The word 'employer' has been defined in the Act as any person who employs, whether directly or through another person, or whether on behalf of himself or any other person one or more employees and includes any person, who has licence for the manufacture, distribution, storage or sale of toddy under the Abkari Act for the time being in force. As per S.8(5) of the Act, any person aggrieved by an order under sub-section (1) of S.8 may prefer an appeal to the Government or any other authority as may be specified by the Government within sixty days of the receipt of the order and the decision of the Government or of such authority on such appeal shall be final.

(3.) In Ext. P2 order passed under S.8(1) of the Act, the first respondent found that as employers in respect of Toddy Shop Nos.52,54, 55,56 and 57 of Pattambi Range for the period 1988-89, the petitioner C. Rajan and the 6th respondent Chandran were liable to pay a sum of Rs.71,347/- to the Toddy Workers Welfare Fund. It was also held that after adjusting then advance amounts paid, a balance amount of Rs.40,398 / - should be paid towards the Welfare Fund and another sum of Rs.4,949/- should be paid towards interest by the employers within seven days.