ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Constitutional validity of Rule 9(10)(b) of the Kerala Abkari Shops Disposal Rules, 2002 is under challenge in these proceedings. Appellants contend that the above mentioned rule violates the fundamental rights guaranteed to them under Articles 19(1)(g) and 21 of the Constitution of India and therefore liable to be struck down.

(2.) The Kerala Abkari Disposal Rules, 2002 was enacted by the Government in exercise of the powers conferred Under Sections 18A and 29 of the Abkari Act 1 of 1077. Appellants' grievance mainly centres around Rules 4(2) and 9(10)(b) of the Rules which, according to them, not only violate Articles 19(1)(g) and 21 of the Constitution of India but also ultra vires the powers conferred Under Section 29 of the Act. For easy reference, we may refer to those provisions at the very outset.

(3.) The Government thought of rehabilitating arrack workers who were employed in various arrack shops and have issued directions not only to the licensees of toddy shops but to the retail shops of Kerala Beverages Corporation Limited as well. Arrack was being sold in Kerala through licensed retail shops until March, 1996. However, from April, 1996 onwards, the Government of Kerala had prohibited the sale of arrack which led to closure of large number of arrack shops leading to unemployment of large number of arrack shop workers who were working under the licensed contractors in the retail arrack shops. The Government in the year 1997 gave compensation of Rs. 30,000/- to each of the retrenched arrack workers arid welfare fund benefits were also granted to those who were in the rolls of the Abkari Workers Welfare Fund. However, the problem of retrenched arrack workers persisted and Government decided to rehabilitate them by providing them with employment in the toddy shops and in retail shops of Kerala State Beverages Corporation Limited. In order to achieve the above objects, the above mentioned Rules were framed. Government have not compelled anybody to employ those workers, but those licensees who avail of the privilege of conducting the toddy shop need only employ them.