Jose vs Toddy Workers Welfare Fund Inspector and Deputy Excise Commissioner

P.N. Ravindran, J.—The Petitioner is one among the licensees of toddy shop Nos. 76 and 77 of Group No. 14 of Pala Excise Range. He was the licensee of the said shops during the period 2006-2007 to 2009-2010 (4 years). It is stated that though the Petitioner has remitted the contribution payable by him in respect of the workers engaged in the said shops, the final determination order in terms of Section 8 of the Kerala Toddy Workers Welfare Fund Act has not so far been passed, though a hearing was held on 8.7.2010. In this writ petition the Petitioner seeks a direction to the first Respondent to issue the final determination order in respect of the said two shops within a time limit to be fixed by this Court. It is stated that unless the final determination order is passed the Petitioner cannot take timely steps to remit the arrears, if any, and that any undue delay in passing the final determination order will operate to his detriment in conducting the business from 1.4.2011 onwards.

Sri. K.D. Babu, learned standing counsel appearing for the first Respondent, submitted on instructions that within a month from today the Welfare Fund Inspector will pass orders pursuant to the hearing held on 8.7.2010 and communicate the same to the Petitioner. In the light of the said submission I dispose of the writ petition with a direction to the first Respondent to pass final determination orders in respect of toddy shop Nos. 76 and 77 in Group No. 14 of Pala Excise Range for the period 2006-2007 to 2009-2010 expeditiously and in any event within one month from the date of receipt of a copy of this judgment. The said officer shall, after orders are passed, communicate the same to the Petitioner expeditiously.