Employees covered by the EPF are exempt from contributing to the Kerala Abkari Workers Welfare Fund.

JUDGMENT

The petitioner is before this Court being aggrieved by the fact that respondent Nos.2 and 3 are not issuing a clearance certificate for renewal of its FL- 11 license despite the fact that the employees of the petitioner are covered by the Employees Provident Fund Scheme. It is the case of the petitioner that if the employees are covered by the Employees Provident Fund Scheme, the petitioner is not required to make any contribution towards the Abkari Workers Welfare Fund.

2. Learned Government Pleader and the Standing Counsel appearing for respondent Nos. 2 and 3 do not dispute the fact that if the employees of the petitioner are covered under the Employees Provident Fund Scheme, they are not called upon to make any remittance towards Kerala Abkari Workers Welfare Fund.

3. Heard the learned Standing Counsel appearing for the Provident Fund Department also.

4. Having heard the learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Provident Fund Department and the learned counsel appearing for respondent Nos.2 and 3, I am of the opinion that this writ petition can be disposed of in the light of the directions issued by this Court W.P.(C) No.1926 of 2025 and connected cases, where this Court directed as follows:-

‘’6. Having regard to the pleadings and submissions, it is ordered that the petitioners need not pay contribution to the welfare fund if the employees are covered under the EPF Act. The Kerala Abkari Workers' Welfare Fund Board shall issue necessary clearance certificate to the petitioners after ensuring that the workers under the petitioners are covered under the EPF Act.

7. It is for the petitioners to establish that the workers are covered under the EPF Act and the relevant scheme, and have made necessary contributions as per the statute. The competent authority shall accept Electronic Challan cum Return evidencing payment of the contribution. It is made clear that the clearance certificate directed to be issued is only as a requirement of the Welfare Fund Act.’’

Accordingly, the writ petition will stand disposed of, holding that the directions issued by this Court in W.P.(C) No.1926 of 2025 and connected matters will apply to the petitioner also.

Sd/-