LAWS(KER)-2005-8-68

YEMKAY ICE PLANT Vs. STATE OF KERALA

Decided On August 31, 2005
YEMKAY ICE PLANT Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners who are ice plant owners are questioning the constitutional validity of Section 4(5B) of the Keraia Fishermen's Welfare Fund Act 1985, hereinafter called 'the Act' which requires owners of ice plants supplying ice mainly for processing of fish to remit contribution to the Kerala Fishermen's Welfare Fund, at such rates as could be fixed by the Government from time to time on the recommendation of the Welfare Fund Board. The rate of contribution is prescribed by the Government vide G.O.(P) NO. 20/99/F&PD dated 2-7-1999.

(2.) I heard counsel appearing for petitioners counsel appearing for Kerala Fishermen's Welfare Fund Board, and the Government Pleader.

(3.) The provision of the Statute under Challenge ie. Section 4(5B) is extracted herein- below for easy reference: