JUDGMENT

The petitioner herein is a toddy tapper who got himself registered under the Kerala Toddy Workers' Welfare Fund Scheme, 1969 . According to him, he has contributed towards the Scheme regularly in terms of the provisions of the Act as well as the Scheme. After entering service for about 27 years and 8 months he ended his service on 31.12.2003. By that time, he had reached his 52nd year. On 21.02.2004, he submitted an application for closure of his account along with a medical certificate obtained from an Asst. Surgeon in the Govt. service. He contended that he is permanently and totally incapacitated to do toddy tapping work and sought for relief. He was provided gratuity as well as provident fund. According to the petitioner, he is now suffering from various ailments including cancer and therefore, he filed Ext.P4 application seeking disbursal of his pension. However, his application was rejected by the 3rd respondent by Ext.P7 order. It is the case of the petitioner that Ext.P7 order cannot be sustained as his application was rejected on the ground that he had failed to comply with Section 45C of the Toddy Workers Welfare Fund Scheme. The reason being that he failed to s