JOSEPH JOSEPH Vs. STATE OF KERALA
SUPREME COURT OF INDIA (FROM: KERALA)
STATE OF KERALA
Click here to view full judgement.
Sethi, J. -
(2.)The Toddy Workers Welfare Fund Inspector, appointed under the Kerala Toddy Welfare Fund Act, 1969 (hereinafter referred to "the Act") held the appellants to be the employers of the workers employed for running the Toddy shop and thus liable to pay an amount of Rs. 72,048/- and interest of Rs. 23,641/- towards Welfare Fund. The appellants filed a writ petition in the High Court alleging that they were not the employers of the workers within the meaning of Section 2(c) of the Act as they themselves were the employees of Joy Kourian, respondent No. 4 who was the licensee of the shop where the toddy was being sold. The High Court negatived their plea vide the judgment impugned, hence appeal.
(3.)It is not disputed that the business in the Abkari Shop No. 68 of Erattupeta Range was being conducted by the respondent No. 4 with the help of the appellants. Respondent No. 4 had been granted the licence and under Rule 6(23) of the Kerala Abkari Shops Disposal Rules, 2001 the licensee is obliged not to sell or otherwise transfer the privilege granted or the licence issued without the written consent of the Assistant Excise Commissioner concerned and subject to the confirmation of the Commissioner of Excise. No licensee can lease out or sub-let the whole or any portion of the privilege or licence granted to him. It is not alleged that any of the appellants was licensee or a partner or a family member of respondent No. 4.
Copyright © Regent Computronics Pvt.Ltd.