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DINESH KUMAR SINGH
C. K. Sasidharan, S/o. Late Krishnan – Appellant
Versus
Welfare Fund Inspector, Kerala Toddy Workers Welfare Fund Board – Respondent
JUDGMENT :
Dinesh Kumar Singh, J.
Heard Mr M G Karthikeyan learned Counsel for the petitioner, and Mr G Santhosh Kumar learned Standing Counsel for the respondents.
2. These two writ petitions have been filed for similar reliefs relating to two different series of toddy shops. The orders impugned are dated 11.12.2017. The facts and the issues in these writ petitions are almost the same and, therefore, the facts of W.P.(C) No.23564/2013 are taken note of.
3. The petitioner, a senior citizen, was working as an employee of respondent nos. 2 and 3, the licensees of the Toddy Shop nos. 135 to 138 of the Kuttanadu Excise range. These respondents were the successful bidders for these toddy shops, along with shop nos.119 to 122. The 1st respondent passed the final determination order under Section 8 of the Kerala Toddy Workers Welfare Fund Act 1969 (for short ‘Act of 1969’) making the petitioner also liable to pay welfare funds for the toddy shops. The petitioner, aggrieved by the said determination order by the 1st respondent, filed an appeal before the 4th respondent. The Appellate Authority, vide Ext.P2 order dated 31.03.2005, remanded the matter back to the 1st respondent for de novo en
A person cannot be deemed an 'employer' under the Kerala Toddy Workers Welfare Fund Act unless they have the authority to hire and employ workers, as clarified by the Supreme Court.
Civil courts lack jurisdiction to determine employer or occupier status under the Toddy Workers' Fund Act as per S.17 A.
The court established that acceptance of contributions creates an implied representation, preventing the Board from denying re-entry based on prior benefits received.
The court upheld the statutory prohibition against employing women in Toddy Shops, distinguishing it from other contexts and emphasizing the protective intent of the law.
The central legal point established in the judgment is the direct employment of artisans/karigars by the petitioners for work connected with the establishment, as interpreted under the Employees' Sta....
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