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pIN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

TH WEDNESDAY, THE 5 DAY OF AUGUST 2026 / 14TH SRAVANA, 1948 WP(C) NO. 27762 OF 2024 PETITIONER/S:

SOPHY, AGED 47 YEARS W/O. KUNJUPALU, KITTAN HOUSE, THANNISSERI P.O., IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680701 BY ADVS.

SRI.Ranjith Thampan SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY SECRETARY DEPARTMENT OF LABOUR AND REHABILITATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 TODDY WORKERS WELFARE FUND BOARD, REP. BY CHIEF WELFARE FUND OFFICER, ULLOOR GARDEN, PAROTTUKONAM, THIRUVANANTHAPURAM, PIN - 695044

3 DISTRICT LABOUR OFFICER,CIVIL STATION, KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN – 680003

4 COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM, PIN - 695001

5 SOJIL P.S., S/O. SADANANDAN, PANIKKATTIL HOUSE, PAPPINOVATOM, SN PURAM, KODUNGALLUR, THRISSUR DISTRICT–680685 LICENSEE, TODDY SHOP NO.148, PONJANAM, IRINJALAKUDA RANGE, THRISSUR, PIN - 680702 Addl.R6 SECRETARY, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM 695 001 (IS IMPLEAED AS ADDITIONAL R6 AS PER ORDER DATED

20/11/2025 IN I.A. NO.04/2025 IN WPC NO.27762/2024)

BY ADV SHRI.M.C.JOHN SMT. CHITHRA P.GEORGE, GP SHRI. RENIL ANTO KANDAMKULATHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

‘C.R’

JUDGMENT

The petitioner is the wife of the late K. J. Kunjupalu, who was an employee of toddy shop No.148, Ponjanam, Irinjalakuda Range, Mukundapuram Taluk, Thrissur District. On the death of Kunjupalu on 20.05.2024, the petitioner claimed appointment in the toddy shop where he was working, on compassionate grounds. Such a claim was raised on the basis of Exhibit P5, which is titled as “2009- ൽ പരിഷ്കരിച്ച കേ(cid:9)രള (cid:9)ള്ള് ചെ(cid:14)ത്ത് വ്യവസായ ബന്ധ ക്രമീ(cid:9)രണ നിയന്ത്രണ (cid:14)ട്ടങ്ങൾ’’. A perusal of Exhibit P5, which is on record along with I.A. No.1 of 2024 in the above writ petition, will indicate that it has been executed in the form of an industrial settlement between the representatives of the workmen employed in the industry and the representatives of the employers, and was signed in the presence of an Additional Labour Commissioner. It is not necessary to examine the terms of the settlement in detail for the purposes of this case, as there appears to be no dispute regarding the applicability of its terms and since the petitioner was denied employment solely on account of the operation of Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002 (hereinafter referred to as ‘the 2002 Rules’), which prohibits the employment of women in any capacity in a toddy shop. The petitioner has thus approached this Court challenging the constitutional validity of Rule 7(37) of the 2002 Rules.

2. Sri. Ranjith Thampan, the learned Senior Counsel appearing for the petitioner, on the instructions of Adv. V. M. Krishnakumar, submits that the question before this Court is no longer res integra. It is submitted that Rule 7(37) of the 2002 Rules initially prohibited the employment of women in foreign liquor shops as well. It is submitted that this Court struck down the prohibition insofar as it related to foreign liquor shops in Sanuja and Others v. Kerala State Beverages Corporation Ltd. and Others, 2017(1) KLT 44. It is submitted that in Sanuja (supra), this Court followed the judgment of the Supreme Court in Anuj Garg and Others v. Hotel Association of India and Others, (2008) 3 SCC 1. It is submitted that a similar Rule in the Foreign Liquor Rules, 1953 (Rule 27A of the Foreign Liquor Rules) was struck down by this Court in the judgment reported as Dhanyamol v. State of Kerala, 2015 (4) KHC 791. It is submitted that in the light of the law laid down in the aforesaid judgments, Rule 7(37) of the 2002 Rules cannot be sustained and ought to be struck down as it is a clear violation of Articles 14, 15, 16 and 21 of the Const