2024/KER/42488 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 10^TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 WP(C) NO. 30178 OF 2012 PETITIONERS:

1 EBEN TELECOM PRIVATE LIMITED, II FLOOR, II BLOCK, THE NEW INDIAN EXPRESS BUILDING, OPPOSITE GOKULAM PARK INN, KALOOR, KOCHI – 682 017, REPRESENTED BY ITS MANAGING DIRECTOR,SAM THOMAS, AGED 41 YEARS, SON OF N. T. THOMAS.

2 SAM THOMAS, AGED 41 YEARS, SON OF N. T. THOMAS, MANAGING DIRECTOR, EBEN TELECOM PRIVATE LIMITED, II FLOOR, II BLOCK,THE NEW INDIAN EXPRESS BUILDING, OPPOSITE GOKULAM PARK INN, KALOOR, KOCHI - 682 0171 BY ADVS.

SRI.B. ASHOK SHENOY SRI. K. V. GEORGE SMT. C. G. PREETHA SRI. P. N. RAJAGOPALAN NAIR SRI. THOMAS P. MAKIL RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS WORKERS’ WELFARE BOARD, THIRUVANANTHAPURAM - 695 035, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

3 THE LABOUR COMMISSIONER KERALA STATE HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

4 THE DISTRICT EXECUTIVE OFFICER, KERALA SHOPS & COMMERCIAL ESTABLISHMENT WORKERS' WELFARE FUND BOARD, VELLEPPARAMBIL BUILDINGS, KALOOR KADAVANTHRA ROAD,KALOOR, KOCHI - 682 017.

BY ADV.

SRI.T .P. PRADEEP – SC - KERALA SHOPS AND COMMERCIAL ESTABLISHMENT WORKERS WELFARE FUND BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DINESH KUMAR SINGH, J.

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W.P.(C) No. 30178 of 2012 -------------------------

Dated this the 10^th day of June, 2024

JUDGMENT

1. Mr. Girish P. S. has appeared for the petitioner. The present writ petition has been filed seeking the following reliefs;

(a) Strike down the ‘Kerala Shops and Commercial Establishments Workers Welfare Fund Act, 2006 as amended by ‘Kerala Shops and Commercial Establishment Workers Welfare Fund (Amendment) Amendment Act 2008’, declaring it to be illegal, arbitrary and unconstitutional;

(b) Strike down ‘Kerala Shops and Commercial Establishments Workers Welfare Fund (Amendment) Amendment Act 2008, declaring it to be illegal, arbitrary, ultra-vires and unconstitutional;

(c) Strike down Sections 3, 4, 13, 14 and 28 of ‘Kerala Shops and Commercial Establishments Workers Welfare Fund Act 2006’, declaring it to be illegal, arbitrary and unconstitutional;

(d) Declare that 1^st petitioner and their establishments are not liable to be covered or governed by the ‘Kerala Shops and Commercial Establishments Workers Welfare Fund Act 2006’;

(e) Issue a writ in the nature of prohibition or any other appropriate writ, order or direction prohibiting respondents from enforcing the ‘Kerala Shops and Commercial Establishments Workers Welfare Fund Act 2006’ as against 1^st petitioner and their establishments; and (f) Grant such other and further reliefs as are deemed just and necessary in the facts and circumstances of the case including the costs of this proceedings; as also, the following:

2. The learned Counsel for the petitioner submits that he does not want to press the challenge to the amendment under ‘Kerala Shops and Commercial Establishments Workers Welfare Fund (Amendment) Act 2008’. He further submits that the issue involved in the writ petition is covered by the Judgment of the Division Bench of this Court in the case of M/s. NM Royale County v. State of Kerala and others [W.A. No. 709 of 2013 and other connected cases]. Paragraph No. 9 of the said Judgment reads as under;

“9. Thus we allow the writ petitions by quashing the demand and allow the writ appeals by setting aside the judgment of the Single Bench with the following directions:

1. The authorities established under 2006 Act will undertake a task of making an enquiry before issuing the notices regarding the applicability or nonapplicability of the Act and also the provisions of various other Acts like Section 61 of the Emp