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2009 Supreme(Ker) 26

J.B.KOSHY, V.GIRI
Inspector, Toddy Workers Welfare Fund Board – Appellant
Versus
Vijayan – Respondent


Advocates Appeared: For the Appellant:K. Harilal, Koshy George, Advocates. For the Respondent: V.J. Joseph, M.C. John & K. Meera (Government Pleader).

Judgment :

V. Giri, J.

The first respondent in Writ Petition No.4976/1996 is the appellant herein. Writ Petition was filed challenging Ext.P1 notice of demand issued by the Welfare Fund Inspector and Ext.P3 notice of attachment issued under the Revenue Recovery Act. The principal ground of challenge in the Writ Petition was that the recovery of amounts due from the writ petitioner was barred under Art.113 of the Limitation Act. Learned single Judge proceeded to hold that the demand made was beyond three years from the date on which the amounts fell due and that therefore, it was time barred. Consequently on the ground that the recovery is barred by limitation, the impugned demands were quashed. It is aggrieved thereby that the present appeal has been filed.

2. Writ petitioner was a contractor of Toddy Shop No.46 of Mamala Range for the year 1987-1988. Advance contribution had to be remitted under the Toddy Workers Welfare Fund Act. It seems that some amounts were paid. But the entire amounts were not remitted. On 10.11.1995, petitioner received a notice of demand for an amount of Rs.20,344+interest and collection charges stating that the amounts due from the petitioner under the Tod








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