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2015 Supreme(Ker) 109

ASHOK BHUSHAN, A.M.SHAFFIQUE
Food Corporation of India, rep. by The District Manager (Storage), Cochin – Appellant
Versus
State of Kerala, rep. by The Chief Secretary To Govt. , Trivandrum – Respondent


Advocate Appeared:
For the Appellant:S. Karthika, K.P. Geetha Mani, Advocates
For the Respondents:R2 & R3, K.K. Babu, K.K. Baby, Advocates

JUDGMENT:-

Ashok Bhushan, J.

1. Heard learned counsel for the appellant.

2. This appeal by the Food Corporation of India has been filed against the judgment dated 9.8.2007 in O.P.No.8057/1996. The Original Petition was filed by the petitioner challenging Exhibit P8 show cause notice dated 30.4.1996 issued by the Labour Welfare Fund Inspector under the Kerala Labour Welfare Fund Act, 1975. In the Writ Petition the petitioner prayed the following reliefs:

“i) to call for the records and proceedings relating to Exhibits P1, P3 and P5, P6, P7 and P8 and to quash or set aside the same by a writ of certiorari or any other appropriate writ or order, directions and.

ii) to declare that the provisions of the Kerala Labour welfare Fund Act are not applicable to the petitioner and therefore the petitioner is not liable to make any contribution as demanded by the respondents.

iii) to issue a writ of mandamus or a writ or order restraining the respondents from taking any coercive action against the petitioner under the Kerala Labour Welfare Fund Act as per Exhibit B notice or otherwise.”

3. The learned Single Judge, by the impugned judgment, has dismissed the Writ Petition rejecting the submission of























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