SUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who worked as a Toddy Tapper, seeks to declare that Clause 33A of the Toddy Workers Welfare Fund Scheme is ultravires of the Kerala Toddy Workers Welfare Fund Act and the Rules and void ab initio in so far as it denies re-entry to the Welfare Fund, to the Toddy Shop Workers like the petitioner. The petitioner also seeks to command the respondents to grant membership to the Welfare Fund to the petitioner from 2004 onwards within such time as may be fixed by this Court.

(2.) The petitioner states that he was working as Toddy Tapper in Toddy Shops in Irinjalakkuda Range in Thrissur District from 1984 onwards. The petitioner was enrolled in the Kerala Toddy Workers Welfare Fund as Toddy Tapper. Subscriptions to the Welfare Fund were paid upto 2004. In the year 2004, the petitioner met with an accident and was not able to do the work of toddy tapping, which involved climbing coconut trees. He therefore discontinued membership in the Welfare Fund and obtained benefits thereunder.

(3.) The petitioner states that he joined Toddy Shop No.177 in Irinjalakkuda Range as Toddy Shop Worker from 1/4/2004. From 1/4/2004 onwards, monthly contribution at the rate of 8% by the employee and 8% by the employer and another 10% by the employer, totalling 25% of monthly wages was remitted to the Welfare Fund.