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N. NAGARESH
C. R. Sudhan, S/o. Raman – Appellant
Versus
State Of Kerala, Represented By Its Secretary, Department Of Labour – Respondent
JUDGMENT :
(N. Nagaresh, J.) :
The petitioner, who worked as a Toddy Tapper, seeks to declare that Clause 33A of the Toddy Workers Welfare Fund Scheme is ultravires of the Kerala Toddy Workers Welfare Fund Act and the Rules and void ab initio in so far as it denies re-entry to the Welfare Fund, to the Toddy Shop Workers like the petitioner. The petitioner also seeks to command the respondents to grant membership to the Welfare Fund to the petitioner from 2004 onwards within such time as may be fixed by this Court.
2. The petitioner states that he was working as Toddy Tapper in Toddy Shops in Irinjalakkuda Range in Thrissur District from 1984 onwards. The petitioner was enrolled in the Kerala Toddy Workers Welfare Fund as Toddy Tapper. Subscriptions to the Welfare Fund were paid upto 2004. In the year 2004, the petitioner met with an accident and was not able to do the work of toddy tapping, which involved climbing coconut trees. He therefore discontinued membership in the Welfare Fund and obtained benefits thereunder.
3. The petitioner states that he joined Toddy Shop No.177 in Irinjalakkuda Range as Toddy Shop Worker from 01.04.2004. From 01.04.2004 onwards, monthly contribution at
The court established that acceptance of contributions creates an implied representation, preventing the Board from denying re-entry based on prior benefits received.
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 welfar....
The legislative intent behind the age limit for eligibility to the Fund was to distinguish Advocates who joined the profession directly from law school without employment with terminal benefits, and ....
Court directs consideration of refund application for ineligible welfare fund contributions with hearing within time frame.
Entities must not contribute to the Kerala Abkari Workers Welfare Fund if employees are covered under the EPF Act.
Compliance with payment of arrears is necessary for license renewal under the Kerala Toddy Workers Welfare Fund Board regulations.
Employees covered by the EPF are exempt from contributing to the Kerala Abkari Workers Welfare Fund.
The main legal point established in the judgment is that only regular employees in the regular roll are eligible for availing the benefit of the Pension Fund Scheme, and temporary services of consoli....
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