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2004 Supreme(Online)(Ker) 1519

KERALA HIGH COURT
*M. Ramachandran, J.
Pallipuram Service Cooperative Bank Ltd. v. Labour Welfare Fund Inspector


1Ext. P1 notice issued to a Cooperative Society who is the petitioner herein is under challenge. Consequential steps for realisation by Ext. P3 proceedings have prompted them to file this Original Petition. The short fact which might be necessary for disposing of the Original Petition could be stated herein below:-

2The show cause notice (Ext. P1) issued by the Labour Welfare Fund Inspector, the authority functioning under the Kerala Labour Welfare Fund Act, 1975 required the petitioner to pay an amount of Rs.3813/- and interest thereon, to the statutory fund. It represented the contribution of employer and employees as prescribed by the Act. The show cause notice was answered by Ext. P2 and the petitioner - Society contended that in view of G.O.(MS) No. 348/75/AD dated 20.11.1975, as the Government had constituted a Welfare Fund called Cooperative Employees Welfare Fund Board for the employees of Cooperative Societies, and since the establishment represented by them was a subscriber thereto and since they were paying monthly contributions required, from 1988 onwards, they were not liable or answerable to the demand as made by Ext. P1. When revenue recovery proceedings were initiate





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