The rights and liabilities of the employer and the workman under the Industrial Disputes Act and those under the Act and the Scheme are not exhaustive of each other, and the welfare measures under the Act and the Scheme do not absolve the employers from the obligations under the Industrial Disputes Act.

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 Welware Fund Scheme for the establishment of a fund under this Act for employees, and there shall be established, as soon as may be after the framing of the scheme, a fund in accordance with the provisions of this Act and the Scheme."

S.4 deals with contributions and matters which may be provided for in the scheme; and it reads as follows:

"4(1) The contribution which shall be paid by the employer to the fund shall be eight per cent of the wages for the time being payable to each of the employees, and the employee's contribution shall be equal to the contribution payable by the employer in respect of him.

(2) The employer shall, in addition to the contribution payable under sub-section (1), contribute to the fund as gratuity an amount equal to five per cent of the wages for the time being payable to each of the employees".

Chapter IV of the Kerala Toddy Workers' Welfare Fund Scheme 1969 (the Scheme) deals with Membership and contribution; and R.28 reads as follows:

"28. Membership: Every employee shall be entitled and required to be a member of the fund from the beginning of each Calendar Year if he has completed three months continuous service."

Rule 29 reads as follows:

"29. Contribution to the fund: (1) Every member shall contribute to the Fund and a contribution shall also become payable to the fund in respect of him by the employer. The contribution which shall be paid by the employer to the fund shall be eight percent of the wages for the time being payable to each of the employees and the employee's contribution shall be equal to the contribution payable by the employer in respect of him.

(2) The employer shall in addition to the contribution under sub paragraph (1), contribute to the fund as gratuity an amount equal to five per cent of the wages for the time being payable to each of the employees."

Rule 30 provides "payment of contribution":

"The employer shall, in the first instance, pay both the contribution payable by himself and also, on behalf of the member employed by him, the contribution payable by such member."

Rule 33 is to the following effect:

"33. Registration: (1) Every employee who is entitled to be a member shall register his name as beneficiary of the fund, in the register maintained by the Chief Welfare Fund Inspector for the purpose.

(2) (a) The Chief Welfare Fund Inspector shall take immediate steps to determine the previous services of every employee registered under sub-paragraph (1) and shall within six months, enter the service thus determined in the service register maintained for the purpose.

Explanation. Every employee for the purpose of registration under sub-paragraph (1) and (2) shall be considered to be employed in the particular toddy shop or premises in which he is working and any change in the personnel of the contractor v