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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. challenge to liability for contributions (Para 1) |
| 2. arguments by appellant and respondent (Para 2 , 3 , 4) |
| 3. interpretation of employer and employee definitions (Para 5 , 6) |
| 4. court's conclusion on employer liability (Para 7) |
| 5. appeal allowed and judgment set aside (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. 119 to 122 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. Concededly, 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 not making the contribution resulted into determination
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