GOPALAN Vs. WELFARE FUND INSPECTOR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners, learned standing counsel for the first respondent and the learned Government Pleader appearing for respondents 2 to 5.

(2.) THE first petitioner in W.P(C).7159/13 was the licensee of toddy shop No.17 of Idukki Excise Range during the period 2003-04 to 2009-10. During the said period, he deposited security as provided in Rule 5 (10) of the Abkari Shops Disposal Rules, 2002 and as on 2.4.2012, Rs.2,28,072/- is available to his credit. In the writ petition, he says that the said amount is liable to be refunded and therefore, may be adjusted against his liability towards the welfare fund dues and excess amount, if any, may be adjusted towards the welfare fund dues of the second petitioner.

(3.) LEARNED Government Pleader who has obtained instructions in the matter confirms the availability of the amounts as stated. However, he says that the question of appropriation can be considered only after verifying and confirming that the petitioners have no liability towards amounts that are payable to the workers dues. It is stated that if, on such verification, it is confirmed that there is no liability towards the workers or welfare fund, the respondents have no objection in appropriating the amounts as sought for by the petitioners.