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2012 Supreme(Ker) 498

C.K.ABDUL REHIM, C.N.RAMACHANDRAN NAIR
V. K. Ashokan – Appellant
Versus
Kerala Toddy Workers Welfare Fund Board, Rep. By The Chief Welfare Fund Inspector – Respondent


Advocates Appeared:
For the Appellant:A.K. Jayasankar Nambiar (Sr), M. Gopikrishnan Nambiar, P. Gopinath, P. Benny Thomas, K. John Mathai, Advocates.
For the Respondent: R2 - George Mecheril, Government Pleader, R1 - Renil Anto, SC.

JUDGMENT

Ramachandran Nair, J.

This Writ Appeal is filed challenging the judgment of the learned Single Judge vacating Government Orders in appeal issued under Section 8(5) of the Kerala Toddy Workers Welfare Fund Act, 1969 (hereinafter referred to as the Act for short) and restoring final adjudication of Toddy Workers Welfare Fund contribution found payable jointly by the Appellant and licensees by the Welfare Fund Inspector in terms of Section 8 (1) of the Act.

2. We have heard learned Senior counsel Shri.A.K.Jayasankar Nambiar appearing for the appellant, learned Standing Counsel Shri.Renil Anto appearing for the 1st respondent and learned Government Pleader appearing for the 2nd respondent.

3. The facts leading to the controversy are the following:-

The appellant participated in auction and obtained toddy shop licence for running 42 toddy shops in Thrissur Range for a period of three years commencing from 01/04/1997 to 31/03/2000. However, on account of abkari offences committed, the appellant's licence was cancelled on 26/09/1997. Thereafter the licence was again issued to Shri.M.V.Sukumaran and Shri.P.C.Chandran. The appellant's specific case is that he was in jail and he w

















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