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1983 Supreme(Ker) 57

K.BASKARAN
KOLLAM TALUK ABKARI CONTRACTORS ASSOCIATION – Appellant
Versus
QUILON CHETHU THOZHILALI UNION – Respondent


Judgment :-

1. This writ petition by Kollam Taluk Abkari Contractors' Association is directed mainly against respondents 1 to 4 associations representing toddy workers. Respondents 5 and 6 are respectively the Deputy Labour Officer, Quilon and the State of Kerala. The prayer in the writ petition is for a declaration that the members of the petitioner - association are not bound to pay any retrenchment compensation to the employees attached to the different toddy shops who are the members of the respondents' Unions, as long as they are not factually retrenched. There is also a prayer for a declaration that S.25-F and 25FF of the Industrial Disputes Act, 1947, are not applicable to the employees of the various toddy shops of the members of the petitioner - association as long as they continue to be attached to the respective toddy shops. There are other incidental reliefs also stated in the writ petition.

2. The Kerala Toddy Workers' Welfare Fund Act, 1969 (the Act) came into force on 29-12-1969. Sub-section (1) of S.3 of the Act provides as follows:

"3. Toddy Workers' Welfare Fund:

(1) The Government may, by notification in the Gazette, frame a scheme to be called the Toddy Workers We






















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