Raju v. Deputy Labour Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No.3337 of 2015 -------------------------------- PETITIONER:

------------------- RAJU,AGED 50 YEARS,S/O.RAJENDRAN, PUTHENCHIRA,NEDUMUDY P.O,ALAPPUZHA.

BY ADV. SRI.P.SHANES METHAR RESPONDENTS:

------------------------ 1.

THE DEPUTY LABOUR COMMISSIONER, OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM - 690 001.

2.

THE DISTRICT COLLECTOR, ALAPPUZHA - 688 001.

3.

DEPUTY THAHASILDAR (R.R), KUTTANAD TALUK,ALAPPUZHA - 688 001 4.

THE VILLAGE OFFICER,NEDUMUDY VILLAGE, ALAPPUZHA - 688 001.

5.

TODDY WORKERS WELFARE FUND BOARD, ULLOOR,THIRUVANANTHAPURAM, REP. BY CHIEF WELFARE FUND INSPECTOR.

R1 TO R4 BY GOVT. PLEADER SRI.SHYSON P.MANGUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3337 of 2015 --------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT.P1-TRUE COPY OF THE NOTICE U/S 7 OF THE KERALA REVENUE RECOVERY ACT ISSUED BY THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.K.JAYASANKARAN NAMBIAR, J.

........................................................ ......................................................... Dated this the 20th day of February, 2015

J U D G M E N T

The petitioner who was a licensee of a toddy shop in Nedumudy of Kuttanad excise range for the first half of 2003-2004, is aggrieved by Ext.P1 revenue recovery notice demanding an amount of Rs.79,332/-, together with interest and other charges, from him in respect of the contribution towards the Toddy Workers Welfare Fund. Although, various contentions are raised in the writ petition against the demand made on the petitioner, the petitioner would now restrict his prayer to the grant of instalments for discharging the liability in Ext.P1 notice.

2. I have heard Sri.P.Shanes Methar, the learned counsel for the petitioner and Sri.Shyson P.Manguzha, the learned Government Pleader for the respondents.

On consideration of facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions:

i. The total amount due from the petitioner as per Ext.P1 is Rs.79,332/- together with accrued interest and other charges.

Accordingly, if the petitioner pays the said amount of Rs.79,332/-, together with accrued interest and other charges, in six equal successive monthly instalments commencing from 10.03.2015, then further proceedings pursuant to Ext.P1 shall be kept in abeyance. ii. It is made clear that if the petitioner commits a default in respect of any of the instalments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they currently stand.

A.K.JAYASANKARAN NAMBIAR JUDGE mns/