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B.N.SRIKRISHNA, M.RAMACHANDRAN
VALASAMMA THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : B. Ashok Shenoy
For the Respondent: K.R.B. Kaimal and C.K. Abdul Rahim

JUDGMENT :

B.N. Srikrishna, J.—This appeal is directed against the order of the learned single Judge dismissing the original petition summarily.

2. The original petition challenges the constitutional validity of Section 9 of the Kerala Agricultural Workers Act, 1974. The Kerala Agricultural Workers Act, 1974 is an Act to provide for the welfare of agricultural workers in the State of Kerala and to regulate the conditions of their work, as indicated in its preamble. It is a well known fact that agricultural workers are mostly unorganised and form the most neglected sector of the working class. It is fortunate that in the State of Kerala atleast their interests are taken care of by the Kerala Agricultural Workers Act, 1974.

3. Section 9 of the parent Act provides for contributions to the Agricultural Workers Provident Fund contributed u/s 8.

4. When it was enacted in the year 1974, Section 9 reads as under:

    "9. Contributions to the Fund:- (1) The landowner shall pay contribution to the Fund at the rate of five per cent of the wages paid by him to each agricultural worker employed by him.

(2) Each agricultural worker shall also pay contribution to the Fund of an amount equal to the amount o

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