DAVIS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is challenging Ext. P5 order of the 3rd respondent by which he dismissed an application for stay pending appeal on the ground that there is no power of stay under the Act for an appellate authority.

(2.) Petitioner is an abkari contractor and Ext. P1 order was passed by the 2nd respondent Welfare Fund Inspector determining the amount of contribution payable by the petitioner. Against the above order, under S.11(5) of the Kerala Abkari Workers' Welfare Fund Act the petitioner filed an appeal Ext. P2 before the 3rd respondent. Along with the appeal the petitioner filed an application for stay Ext. P2, supported by an affidavit Ext. P4 dated 6-3-1993. The stay petition was dismissed by the 3rd respondent by Ext. P5 order on the following ground:

(3.) It is this order that is challenged by the petitioner.