LAWS(KER)-1987-3-59

KUNJAPPAN Vs. TODDY WORKERS W F INSPECTOR

Decided On March 13, 1987
KUNJAPPAN Appellant
V/S
TODDY WORKERS W.F. INSPECTOR Respondents

JUDGEMENT

(1.) The two plaintiffs sued the defendants namely the Toddy Workers Welfare Fund Inspector, Ernakulam, the Tahsildar, Alwaye and the Village Officer, Malayattoor for an injunction to restrain them from resorting to revenue recovery proceedings for realisation of the contributions due from the plaintiffs towards the Toddy Workers Welfare Fund as adjudged by the 1st defendant as per his final order dated 30-6-1976 under S.8 of the Kerala Toddy Workers Welfare Fund Act, 1969 (the Act for short). The Trial Court dismissed the suit for the reason that there was no prayer to declare the final order of the 1st defendant as invalid and a mere injunction cannot be granted without a prayer either to set aside the final order or to declare it invalid. It is also found that the suit is not maintainable in the absence of notice under S.80 CPC. On the question of jurisdiction of the civil court to entertain a suit against the defendants the Trial Court held that the Act does not exclude the civil court's jurisdiction. On the above findings the suit was dismissed. The lower appellate court has confirmed the decree dismissing the suit on the ground that the suit for an injunction without a prayer to set aside the final order of the statutory authority is not maintainable and also for the reason that S.17A expressly bars the jurisdiction of the civil court to entertain suits in respect of matters covered by the Act.

(2.) S.8 of the Act is extracted below:-

(3.) S.17A was introduced by the Amendment Act of 1978. S.17A reads:-