JOY Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) ORIGINAL Petition Nos. 2828 of 1994 to 2662 of 1996 are filed by contractors of certain abkari shops and O.P. No. 9880 of 1993 to 901 of 1994 (eight O.Ps.) are filed by various associations representing the employees of various abkari shops.

(2.) MAIN question that has come up for consideration in all these cases, is as to whether remuneration paid to employees for working on paid -holidays can be treated as wages within the meaning of Section 2(m) of the Kerala Abkari Workers Welfare Fund Act, 1989, so as to enable the employers to make contribution to the Fund constituted under the Act. For the promotion of the welfare of and for paying pension to the Abkari workers in the State of Kerala, the abovementioned Act was enacted which came into force on 15th July 1989. Section 4 of the Act deals with contribution to the fund to be paid by the employer. Section 4 is extracted below:

(3.) STATE was empowered to frame a Scheme to be called the Abkari Workers Welfare Fund Scheme for the establishment of a Fund under the Act, for the purpose of payment of pension, for payment of provident fund, for payment of gratuity, for payment of family pension, for payment of financial assistance to a member who suffers from permanent disablement, etc. In compliance with the said provisions various employers paid contribution to the Fund for the period the employees had worked.