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1995 Supreme(Ker) 242

M.M.PAREED PILLAY, P.SHANMUGAM
Kerala Construction W. W. F. Board – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Shanmugam, J.

The constitutional validity of certain provisions of the Kerala Construction Workers Welfare Fund Act, 1989 (20 of 1989) thereinafter referred to as the Act) was challenged before the learned single judge. Aggrieved by the common judgment the above appeals are filed both by the petitioners in the O.Ps. as well as the Kerala Construction Workers Welfare Fund Board. The above O.Ps. are tiled challenging the provisions of the Act which were directed to be posted along with the Writ Appeals.

2. The preamble of the Act says that the Act is intended to provide for-the constitution of a Fund to grant relief to. to promote the welfare of and to pay pension to the construction workers in the State of Kerala and for-certain other matters incidental thereto. In exercise of the powers conferred by sub-section (1) of S.3 of the Act. the Kerala Construction Workers' Welfare Fund Scheme, 1990 was also framed. The Act and the Scheme were given retrospective effect from 1-1-1990.

3. The main challenge is to S.2(g),8(2) and 9 besides clauses 25 and 26 of the Scheme. The salient features of the provisions of the Act, the contentions and the stand of the Government in the counte






































































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