K.G. Ajimon, T.A. Raju and Thankachan Thomas vs The Welfare Fund Inspector and The Deputy Commissioner of Excise

Antony Dominic, J.—The prayer sought in these writ petitions are to direct the 1st Respondent to issue clearance certificate to the Petitioners on their remitting 50% of the amount indicated in Ext.P1. Petitioners were the contractors of toddy shops. They have been issued Ext.P1 demanding payment of contribution due to the Respondents. The case of the Petitioners is that they have already made advance contribution and the same is liable to be adjusted in the manner as provided in the Toddy Workers Welfare Fund Act. In other words, what is contended is that no more amount is due from the Petitioners.

Although this contention of the Petitioners is disputed by the learned standing counsel appearing for the Respondents, having regard to the fact that the Petitioners are willing to remit 50% of the amount demanded in Ext.P1, Petitioners are entitled to be issued clearance certificate in view of the provisions contained in 5 (3) (3) of the Kerala Abkari Shops Disposal Rules, 2002.

Therefore, the writ petitions are disposed of directing the 1st Respondent to issue clearance certificate to the Petitioners on their remitting 50% of the amount indicated to be due in the communications issued to them.