Disposed

P K Sabu, v. Circle Inspector

Kerala HC12 Oct 2021WP(C)/19119/2021

Case brief

AI extract

What is this about?

Petitioner sought a direction to the 2nd respondent to provide an opportunity of hearing and pass time-bound orders consequent to a pre-assessment notice regarding welfare fund contributions and refund claims, pending which the petition was disposed of.

What did the court decide?

Direction to 2nd respondent to provide an opportunity of hearing and pass appropriate orders considering objections/reply within time bound manner.

P K Sabu, Vs Circle Inspector — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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TUESDAY, THE 12^TH DAY OF OCTOBER 2021 / 20TH ASWINA, 1943

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WP(C) NO. 19119 OF 2021

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PETITIONER:

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P K SABU, AGED 50 YEARS, S/O. PADMANABHAN, CHELATTUVELI, KANICHUKULANGARA P.O., CHERTHALA-688582.

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BY ADVS. LEEJOY MATHEW.V. SABU S.KALLARAMOOLA

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RESPONDENTS:

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1 CIRCLE INSPECTOR, EXCISE CIRCLE OFFICE, CHERTHALA, VARANADU P.O., ALAPPUZHA-688539. 2 WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, ALAPPUZHA-688539.

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R1 BY SMT.SABEENA P. ISMAIL, GOVT. PLEADER R2 BY ADV G.SANTHOSH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.19119/21

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-:2:-

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BECHU KURIAN THOMAS, J.

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W.P.(C) No.19119 of 2021

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Dated this the 12^th day of October, 2021

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JUDGMENT

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Petitioner seeks for a direction to the 2^nd respondent to pass orders under section 8(1) of the Toddy Workers Welfare Fund Act after hearing the petitioner.

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Petitioner was conducting a toddy shop in the Cherthala Excise Range for the period 2019-20 under the department management license. As per section 8A of the Kerala Toddy Workers Welfare Fund Act, 1969, the licensee has to pay contribution every month in advance towards toddy workers welfare fund.

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It is the claim of the petitioner that during the period of licence, though petitioner as well as the trade union had made several requests before the 2^nd respondent stating that seven workers attached to the shops were not attending to their duties and therefore, they were not eligible for the welfare benefits. However, since excess amounts were paid towards the welfare fund, petitioner requested for refund of the amount made towards their contribution.

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Though pre-assessment notices were issued to the petitioner

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W.P.(C) No.19119/21

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-:3:-

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and the last of which was a revised pre-assessment notice in the form of Ext.P7 dated 18.03.2021 followed by a hearing notice calling upon the petitioner to attend a hearing on 28.04.2021. Unfortunately since the Covid pandemic was at its peak during those days, petitioner could not attend the hearing and requested for an adjournment. Petitioner submits that no further dates have been provided by the 2^nd respondent till date and on the other hand he apprehends that orders may be passed without hearing the petitioner.

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Having regard to the circumstances mentioned above, there will be a direction the 2^nd respondent to provide an opportunity of hearing to the petitioner and pass appropriate orders, consequent to Ext.P7 preassessment notice dated 18.03.2021, in a time bound manner, if orders have not already been passed. Needless to state, the objections/reply filed by the petitioner shall also be considered before passing orders.

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The writ petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

vps

W.P.(C) No.19119/21

-:4:-

PETITIONER'S/S' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ONE AMONG THE FOUR SIMILAR LICENSES GRANTED, LICENSE NO. 64/2019. EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 19/12/2019. EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 16/10/2020. EXHIBIT P4 A TRUE COPY OF THE BONUS STATEMENT FOR THE PERIOD 01/04/2019 TO 31/03/2020 FURNISHED BY THE CHERTHALA TALUK CHETHU THOZHILALI UNION CITU (REG. NO.196/52). EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF PRE ASSESMENT NOTICE DATED 16/01/2021 NO. S2/CHCA/GR.XII/64-68/2019-2020/ISSO. EXHIBIT P6 TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 25/01/2021. EXHIBIT P7 TRUE COPY OF THE PRE-ASSESSMENT NOTICE (REVISED) NO. S2/CHLA/GRXII/64-68/20192020 DATED 18/03/2021. EXHIBIT P8 TRUE COPY OF THE REPLY NOTICE DATED 29/03/2021. EXHIBIT P9 A TRUE COPY OF THE HEARING NOTICE NO.59/2021. EXHIBIT P10 TRUE COPY OF THE REQUEST FOR ADJOURNMENT 26/04/2021.

P K Sabu, v. Circle Inspector

Case brief

What is this about?

What did the court decide?

P K Sabu, v. Circle Inspector

Case brief

What is this about?

What did the court decide?

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