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1998 Supreme(Ker) 666

K.A.ABDUL GAFOOR
Kerala State Excise Staff Association – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K. Abdul Gafoor, J.

1. The 1st petitioner is a service organisation of the staff in the Excise Department of the State Government and the other petitioners are working in the Excise department. The staff and officers in the Excise Department are posted in the distilleries, breweries and ware-houses operated by the private individuals under licence issued by the Government. Though the wages of such officers are paid by the Government, the Government will get it reimbursed from the respective licencees. The officers have to work in excess of their normal duty hours. For that also, licencees would be charged for such extra work. For this purpose, amendments were brought in the Brewery Rules as well as the Kerala Distillery and Warehouse Rules framed under the provisions of the Abkari Act 1/1077. Exts. P3 and P4 are the amendments thus brought to the Brewery Rules and to the Kerala Distillery and Warehouse Rules. The petitioners have approached this Court Challenging Exts. P3 and P4 as it contain a stipulation that even though the licencees or contractors are liable to pay the Government, charges for the services of the employees and officers deployed in such breweries and disti



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