Kerala High Court
Rama Varma Club vs Kerala Abkari Workers Welfare Fund ... on 23 August, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
WP(C) NO. 28141 OF 2023
PETITIONER:
RAMA VARMA CLUB, CLUB ROAD, ERNAKULAM, COCHIN- 682 011, REPRESENTED
BY ITS HON.SECRETARY
RESPONDENTS:
1. KERALA ABKARI WORKERS WELFARE FUND BOARD, POWER HOUSE ROAD, CHALAI,
THIRUVANANTHAPURAM-695 036, REPRESENTED BY THE CHIEF WELFARE FUND
INSPECTOR
2. THE WELFARE FUND INSPECTOR, KERALA ABKARI WORKERS WELFARE FUND
BOARD, MARKET ROAD, ERNAKULAM - 682035
3. SRI.V.SARUN, BAR MAN,RAMA VARMA CLUB, CLUB ROAD, ERNAKULAM, COCHIN,
PIN - 682011
4. SRI.C.P.VIPIN BAR ASSISTANT, RAMA VARMA CLUB, CLUB ROAD, ERNAKULAM,
COCHIN, PIN - 682011
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (i) stay the demand or realization of any contribution from
the petitioner under the Kerala Abkari Welfare Fund Act 1989 in respect of
respondents 3 and 4 who are covered under Employees Provident Fund and
Miscellaneous Act 1952, (ii) issue clearance certificate for renewal of
club license (FL-4A) in favour of the licensee of the petitioner club
without payment of any such contribution, pending disposal of the writ
petition (c).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.K.JAJU BABU, Senior Advocate along with M/s.M.U.VIJAYALAKSHMI, BRIJESH
MOHAN, D.SREEKUMAR (KALAMASSERY), T.S.ATHIRA, SACHIN RAMESH AND AKASH
JOSH, Advocates for the petitioner, the court passed the following
MURALI PURUSHOTHAMAN, J.
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W.P.(c) No. 28141 of 2023
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Dated this the 23rd day of August, 2023
ORDER
Admit.
2. Sri. S. Krishnamoorthy takes notice for respondents 1 and 2. Issue notice by speed post to respondents 3 and 4.
In the light of the decision in Vijayan R. v. State of Kerala & Ors. [2012(1) KLJ 278:2012 KHC 2238] and Ext. P1, there will be a stay of realisation of any contribution from the petitioner under the Kerala Abkari Workers Welfare Fund Act, 1989 in respect of respondents 3 and 4, for a period of one month.
Sd/-
MURALI PURUSHOTHAMAN JUDGE bnu