Point of law: Kerala Dairy Farmers' Welfare Fund Act, 2007 is an Act enacted with the object to provide for the establishment of a Dairy Farmers' Welfare Fund to grant relief to, to ensure the welfare of and to pay pension to the farmers engaged in cattle rearing in the State of Kerala.

JUDGMENT :

1. This writ petition is filed by Sadanandan K.S., now deceased, challenging Ext.P2 order of the 2nd respondent, the Chief Welfare Fund Inspector of the 1st respondent, the Kerala Toddy Workers Welfare Fund Board (hereinafter referred to as 'KTWWF Board' for short), whereby it is ordered that a person cannot receive pension from two Welfare Fund Boards and withholding the pension of those persons who have received pension from two Welfare Fund Boards and directing such persons to refund the pension received from the KTWWF Board during the period they received pension from both Boards and calling upon them to get certificate of cancellation of pension from other Welfare Fund Boards for further receipt of pension from the KTWWF Board. Ext.P3 is the consequential notice issued to the petitioner by the 3rd respondent, the Welfare Fund Inspector of the KTWWF Board, Thrissur.

2. Sadanandan, who had 72% permanent speech and hearing disability, worked as a registered toddy tapper in T.S. No.30, Padinjarenada in Kodungalloor range and was a member of the Kerala Toddy Workers Welfare Fund (hereinafter called the 'KTWW Fund') with account number RTSR 3622. After working for 29 years and 3 months, he superannuated from service on 30.09.2004 on attaining the age of 60 years. During his service, being a member of the Kerala Toddy Workers Welfare Fund Scheme, 1969 (hereinafter called the 'Scheme'), he had paid contributions to the KTWW Fund as provided under Section 4 of the Kerala Toddy Workers Welfare Fund Act, 1969 (hereinafter called the 'KTWWF Act'). On superannuation, he was sanctioned Kerala Toddy Workers Welfare Fund monthly pension from 01.10.2004. However, as per Ext. P2 order, payment of pension was withheld with effect from 01.10.2020. Ext.P3 is the communication in this regard calling upon the petitioner to produce certificate of cancellation of pension from the other welfare fund board in order to receive further pension.

3. Sadanandan was also a dairy farmer and member of the Dairy Farmers Welfare Fund Scheme framed under the Kerala Dairy Farmers' Welfare Fund Act, 2007. Based on the contribution paid to the Dairy Farmers' Welfare Fund, Sadanandan was receiving pension from the said Fund. However, the pension from the Dairy Farmers' Welfare Fund now stands withheld, without notice, obviously on the basis of Ext. P2. It is contended that the decision to stop the pension and to recover the pension paid was taken without notice to the petitioner and there is clear violation of the principles of natural justice and statutory provisions. It is further contended that the petitioner is legally entitled to receive pension from both Welfare Fund Boards in view of the payment of contributions already made by him and the respective employers, to the respective Boards. Accordingly, the petitioner seeks to quash Exts. P2 and P3 and for direction to continue payment of pension under the KTWW Fund Act.

4. A Statement dated 26.10.2021 is filed on behalf of the 3rd respondent wherein the employment details of the petitioner, his registration as member of the KTWW Fund, length of service, date of retirement from service, payment of pension under the Scheme are admitted. It is stated therein that the Government, by G.O (MS) No.483/2017/Fin dated 06.11.2017 (Annexure-R3(a)), have stipulated that a person cannot receive pension from various Welfare Fund Boards and instructed to recover the amounts paid as pension from such persons. It is further stated that the KTWWF Board, in its meeting held on 28.01.2021, had resolved not to recover pension already paid and the same is pending before the Government for ratification and that an official website "SEVANA" has been developed by the State Government to identify those who receive pension from other Welfare Boards, and found that the petitioner is receiving pension from the Kerala Dairy Farmer's Welfare Fund Board. Hence, the pension was blocked with effect from 01.10.2020, as per Ext. P2 a