Ramachandra Menon, J.

Having found that a licensee under the Kerala Abkari Shops Disposal Rules 2002 is 'jointly and severally' liable to satisfy the arrears of contribution under the Toddy Workers' Welfare Fund Act, along with the immediate employer who was running the shop, is it open for the licensee to contend that he can be proceeded against only after proceeding against the assets and person of the immediate employer? The decision sought to be relied on by the petitioners/licensees in support of such contention raised by them, that it cannot be so, as reported in 2006 (3) KLT 988 [Welfare Fund Inspector Vs. Jaya], has been doubted by a learned Judge of this Court passing an order of reference on 23.02.2015, which in turn is under consideration now.

2. The petitioners and three others were the licensees of the toddy shops bearing No. 1 to 142 of the Kuttanad Excise Range during the Abkari year 1988-99. As it was quite permissible, having not been prevented either by the Statute or by any order issued by the Department/Government, the petitioners/licensees, for reasons of their own, were getting the shops run through the concerned party respondents, who were the immedia