Court : Kerala
Reported in : (1979)IILLJ248Ker
..... 8 of the kerala toddy workers welfare fund act, 1969 for the shops bid by deceased padmanabhan for the period during which the deceased was conducting the shops. ..... . he was the employer under section 2(c) of the kerala toddy workers welfare fund act, 1969 ..... section 2(c) of the kerala toddy workers welfare fund act, 1969 defines 'employer' as follows:2(c). ..... the question itself as stated shortly by the learned judge is whether the legal representatives of the deceased employer would fall within the definition of the term 'employer' in section 2(c) of the kerala toddy workers welfare fund act and of the term 'defaulter' in section 2(e) of the kerala revenue recovery act, 1968, read with section 68 of the said act. ..... the contentions urged by the counsel for the petitioners are that the legal representatives of the deceased krishnan padmanabhan would not satisfy the definition of 'employer' under section 2(c) of the toddy workers welfare fund act, 1969, and the amount due from the deceased padmanabhan cannot be recovered from the legal representatives; nor would the legal representatives fall within the term 'defaulter' as defined in section 2(e) of the revenue recovery act, and for that reason again, the recovery proceedings taken against them should fail. .....
Tag this Judgment!Court : Kerala
Reported in : (1973)ILLJ204Ker
..... these petitions challenge the validity of the kerala toddy workers' welfare fund act, 1969 (hereinafter referred to as the act). ..... r-l and it runs thus:in exercise of the powers conferred by section 3 of the toddy workers' welfare fund act, 1969 (22 of 1969), the government of kerala hereby make the following amendments to the toddy workers' welfare fund scheme, 1969, published under notification no. ..... -(1) the government may, by notification in the gazette, frame a scheme to be called the toddy workers' welfare fund scheme for the establishment of a fund under this act for employees and there shall be established, as soon as may be after the framing of scheme, a fund in accordance with the provisions of this act and the scheme,(2) the fund shall vest in, and be administered by the board constituted under section 6. ..... further, it was urged that the provision in section 3 of the act enabling the government by notification in the gazette to frame a scheme to be called the toddy workers' welfare fund scheme for the establishment of a fund under the act is bad in that it provides for delegated legislation without giving any guidance in relation to the manner in which the scheme should be framed.2. .....
Tag this Judgment!Court : Kerala
Reported in : (2002)ILLJ739Ker
..... we may indicate in this connection that the kerala toddy workers welfare fund act, 1969 was amended in the year 1996 and section 8-b was inserted which enables the chief welfare fund inspector or any other welfare fund inspector who has passed an order under sub-section (1) of section 8 against which no appeal has been made to the government as provided in sub-section (5), may on application or otherwise at any time within four years from the date of passing such order, rectify any error apparent on the face of the record. ..... kerala toddy workers' welfare fund act, 1969 was enacted to provide for the constitution of a fund to promote the welfare of toddy workers in the state of kerala. ..... 224 dated may 18, 1998 was also issued by the board to that effect followed by another circular dated august 13, 1998 by which welfare fund inspectors were directed to review the determination orders already passed under sub-section (1) of section 8 of kerala toddy workers welfare fund act, 1969 and to rectify defects if any in the calculation of interest in accordance with para. ..... the question that has come up for consideration in these cases is whether the demand made towards penal interest under para 38(1) of the toddy workers welfare fund scheme read with section 9 of the toddy workers welfare fund act is illegal or not.2 ..... in these cases we are concerned with the toddy workers' welfare fund act and the scheme. ..... scheme called the toddy workers' welfare fund scheme, 1969 was, framed by the government. .....
Tag this Judgment!Court : Kerala
Reported in : (1983)IILLJ369Ker
..... the kerala toddy workers' welfare fund act, 1969 (the act) came into force on 29.12.1969. ..... (2) the employer shall, in addition to the contribution payable under sub-section(1), contribute to the fund as gratuity an amount equal to five per cent of the wages for the time being payable to each of the employees.chapter iv of the kerala toddy workers' welfare fund scheme 1969 (the scheme) deals with membership and contribution; and rule 28 reads as follows:28. ..... toddy workers' welfare fund:(1) the government may, by notification in the gazette, frame a scheme to be called the toddy workers' welfare fund scheme for the establishment of a fund under this act for employees, and there shall be established, as soon as may be after the framing of the scheme, a fund in accordance with the provisions of this act and the scheme.section 4 deals with contributions and matters which may be provided for in the scheme; and it reads as follows:4(1) the contribution which shall be paid by the employer to the fund shall be eight per cent of the wages for the time being payable to each of the employees, and the employee .....
Tag this Judgment!Court : Kerala
Reported in : [1995(70)FLR583]; (1995)ILLJ877Ker
..... toddy workers welfare fund scheme, 1969, framed under the kerala toddy workers' welfare fund act, 1969 provides for registration of the employees under the ..... it reads:-'every employee for the purpose of registration under sub- paragraph (1) and (2) shall be considered to be employed in the particular toddy shop or premises in which he is working and any change in the personnel of the contractor vending toddy in his shop or premises shall not affect the employment status of his employee'.this provision, according to us, makes it abundantly clear that employees covered by the kerala toddy workers' welfare fund scheme, 1969 are attached to the toddy shops and the successive contractors have to engage ..... support of this argument, learned counsel relies on the provisions of the kerala abkari workers' welfare fund act, 1989 and the kerala abkari workers' welfare fund scheme, 1990. ..... the licensee of 1993-94 engages any of those employees, thy will have the continuity of service and will get the benefits under the kerala abkari workers' welfare fund act and the scheme ..... no provision in the kerala abkari workers' welfare fund act or the scheme, which provide for such an attachment of the worker to any foreign liquor shop, has been brought to our ..... abkari worker' has been defined in the kerala abkari workers' welfare fund act, 1989 as any person who is employed for wages in connection with the storing, bottling, transport or sale of liquor and who gets his wages directly or indirectly from the .....
Tag this Judgment!Court : Kerala
Reported in : (1994)ILLJ840Ker
..... the question arising for consideration in this original petition is whether under the provisions of the kerala toddy workers' welfare fund act, 1969 (for short 'the act'), an employer is liable to pay contribution on twice the wages payable to an employee who actually works on a day which he is entitled to treat as a ..... the act, every employer is liable to pay contribution to the toddy workers' welfare fund constituted under section 3 of the act at the rate fixed as per section 4 on the amount of 'wages' payable to the employees engaged by him in the manner provided in the act ..... the fund constituted under the act and the scheme framed under the act is one intended to promote the welfare of the toddy workers and as such is undoubtedly a welfare measure for the benefit of the weaker sections of the ..... the avowed object of the act is to constitute a fund to promote the welfare of toddy workers as a whole in the state of kerala ..... being a welfare legislation intended to collect contributions for the welfare of the toddy workers on the basis of wages earned by them it may not be legal or proper to understand the definition of the word 'wages' in a narrow sense so as to exclude substantial amounts earned by an employee as emoluments for the work he does on a day on the ground that the day on which he has so worked is a holiday with wages as far as ..... the toddy welfare fund inspector is to determine the quantum of contribution payable following the procedure prescribed in section 8 of the act .....
Tag this Judgment!Court : Kerala
Reported in : (1991)IILLJ544Ker
..... proceedings initiated under the kerala toddy workers' welfare fund act, 1969 (hereinafter referred to as 'the act') resulted in order casting a liability on him. ..... it would then follow that even in cases where employer-employee relationship is in dispute, the decision of the authorities under the toddy worker's welfare fund act, which have attained finality under the act or otherwise, will totally bar the jurisdiction of the civil court. ..... according to the state and the statutory authorities dealing with toddy workers' welfare fund, he was an employer of the workmen in the toddy shop and as such bound to make the contributions as enjoined under the statutory scheme. ..... dealt with this question in toddy workers welfare fund inspector v. g. ..... toddy workers welfare fund inspector (1987-ii-llj-293). ..... benefits under the welfare fund act is one of their valuable statutory bounties. ..... the relevant portion of section 8 reads:'determination of amounts due from employers: (1) the chief welfare fund inspector or any other welfare inspector authorised by him in this behalf may, by order, determine the amount due from any employer under the provisions of this act or of the scheme and for this purpose may conduct such inquiry as he may deem necessary. .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT723; 2012(3)KLJ715
..... this writ appeal is filed challenging the judgment of the learned single judge vacating government orders in appeal issued under section 8(5) of the kerala toddy workers welfare fund act, 1969 (hereinafter referred to as the act for short) and restoring final adjudication of toddy workers welfare fund contribution found payable jointly by the appellant and licensees by the welfare fund inspector in terms of section 8 (1) of the act. 2. ..... the welfare fund board constituted under the act challenged ext.p9 appellate order issued by the government before this court under article 226 of the constitution of india contending that the order is against proved facts and established law, arbitrary and will completely defeat the purpose of adjudication, that is to collect workers' welfare fund contribution from the person who actually carried on toddy business in the toddy shops. ..... appeal filed under section 8(5) of the act was decided in favour of the appellant by the government vide ext.p9 order, the operative portion of which is as follows:- "on perusal of the connected records of the welfare fund inspector, thrissur it is seen that the employees have tendered evidence during the enquiries conducted on 29-09-03 and 19-2-04 that the toddy shops were actually conducted by the appellant even though the license was given to r2 and r3 during the period under challenge and they were paid and other benefit by the appellants himself. .....
Tag this Judgment!Court : Kerala
Reported in : (1990)IILLJ309Ker
..... he was governed by the kerala toddy workers' welfare fund act, 1969, under which he was bound to pay certain contributions to the toddy welfare fund, in his capacity as an employer. ..... the only contention urged by counsel for the appellant is that sections 4 and 5 of the kerala toddy workers' welfare fund act, act 22 of 1969, impose a tax which is beyond the legislative competence of the state legislature. ..... state of kerala (1973-i-llj-204), in which it was held that both the kerala toddy workers' welfare fund act and the employees' provident fund act were measures intended for the welfare of labour covered by entires in the concurrent list and as the state government had obtained the assent of the president, it is valid and enforceable.4. ..... this act is intended 'to provide for the constitution of a fund to promote the welfare of toddy workers in the state of kerala'. ..... at one time a challenge was made on the ground that this act was is conflict with the employees' provident fund act and cannot, therefore be enforced in the state. ..... the act, therefore, follows the general pattern of welfare legislations and according to us, falls directly under entry 24 of list iii which deals with 'welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ49
..... enquiry as contemplated under section 8 of the kerala toddy workers as contemplated under section 8 of the kerala toddy workers welfare fund act, 1969 was conducted on 26-5-1982 by the welfare fund inspector. ..... licensee and all the writ petitioners were, therefore found to be employers as defined in section 2(c) of the kerala toddy workers welfare fund act, 1969. ..... welfare fund inspector found that the writ petitioners were conducting toddy shop no. ..... we have perused the oral evidence adduced by the 6th respondent before the welfare fund inspector. ..... aggrieved by the same this appeal has been preferred by the welfare fund inspector and the board.2. ..... sworn statement of the licensee and the workers had revealed that though the shop was bid by the sixth respondent the business was conducted by the petitioners along with the sixth respondent. ..... workers of the shop have also asserted that it was the petitioners who were conducting the shop and not by the sixth respondent. ..... therefore, the version that they were the workers of the shop was not substantiated. ..... list of workers of the shop was also made available wherein petitioners do not figure as workers during the relevant period. ..... all the fact finding authorities have concurrently found that the petitioners were employers of the shop within the meaning of section 2(c) of the act. ..... petitioners contended before the learned single judge that they were not the licensees of the shop in question and they were registered employees of toddy shop no. .....
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