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HIGH COURT OF KERALA
AMIT RAWAL, K. V. Jayakumar, JJ
THE WELFARE FUND INSPECTOR – Appellant
Versus
C.K. SASIDHARAN – Respondent
| Table of Content |
|---|
| 1. appellant challenges liability ruling (Para 1) |
| 2. appellant argues for joint liability (Para 2 , 4) |
| 3. respondent counters with supreme court judgment (Para 3) |
| 4. court reviews definitions in the act (Para 5 , 6) |
| 5. supreme court's interpretation of employer (Para 7) |
| 6. judgment set aside, primary employer liable (Para 8) |
JUDGMENT
Amit Rawal, J.
1. Appellant – Welfare Fund Inspector has challenged the judgment of the Single Bench allowing the writ petition filed by the 1st respondent/petitioner who has unnecessarily been held responsible for not depositing the contribution of the employees working under the Kerala Toddy Workers’ Welfare Fund Act. Concededly, respondent Nos.2 and 3 were the successful bidders for running the Toddy shop Nos. 135 to 138 of Kuttanadu excise range. As per the Kerala Toddy Workers Welfare Fund Act, 1969 (hereinafter called ‘Act of 1969’) the employer is required to pay welfare funds for toddy shops in respect of the employees working therein. The petitioner, Sri.C.K.Sasidharan, a senior citizen was working as manager of respondent Nos.2 and 3 ie., Binesh and Bijesh. Both respondent Nos.2 and 3 were wilful defaulters in making the contribution
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