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2008 Supreme(Ker) 18

C.N.RAMACHANDRAN NAIR
T. Oommen Panicker – Appellant
Versus
Addl. District Executive Officer – Respondent


Advocates Appeared:For the Petitioner:S. Abdul Razzak, Advocate. For the Respondents: C.R. Syamkumar, SC, KCWWF Board, C.R. Syamkumar, SC, KCWWF Board, P. Ramakrishnan, SC, Smitha Sukumar, Government Pleader.

Judgment :

Petitioner is a contractor engaged in civil construction work. Petitioner owns tipper lorries for transport of goods for construction purposes. Petitioner is called upon to pay Motor Transport Workers Welfare Fund contribution for the drivers engaged in the tipper lorries. Petitioner’s case is that construction workers welfare fund contribution under the Kerala Construction Workers welfare fund Act 1989 is recovered from petitioner’s bills @1% for all the employees engaged by him. According to petitioner, the drivers engaged in the tipper lorries are also construction workers as they are engaged in supply of materials and, so much so, the deduction of contribution from work bills covers the benefit payable to drivers also. Even though petitioner has not furnished particulars, learned counsel for petitioner contended that all the drivers engaged by petitioner are registered as construction workers before the Construction Workers Welfare Fund Board. Ignoring the above claim of the petitioner, 1st respondent, in this case, has demanded welfare fund contribution payable under the Kerala Motor Transport Workers Welfare Fund Act 1985 for all the drivers engaged in the tipper lo












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