Judgment Search Results Home > Cases Phrase: the kerala toddy workers welfare fund act 1969 1 Page 5 of about 8,762 results (0.455 seconds)

Valsamma Vs. District Collector and Others

Court : Kerala

..... it was also observed that the kerala toddy workers' welfare fund does not have any provision like section 23b of the kgst act in order to confer any priority for the amount due under the kerala toddy workers' welfare fund act. ..... while considering the said issue, it was held that the amount due under section 9 of the kerala toddy workers welfare fund act is not public revenue due on land and therefore no priority can be given. ..... that was a case in which the question considered was whether the amount payable to the toddy workers' welfare fund act is having any priority over the debt due to the petitioner bank in whose favour the mortgage was created prior to the date on which the amount had become due to the toddy workers welfare fund board. ..... the learned single judge also considered the question as to when the arrears of public revenue due on land falls due as section 9 of the toddy workers' welfare fund act stipulates the mode of recovery of money due from the employers as arrears of public revenue due on land. ..... they challenge the judgment in w.p.c.no.26177 of 2008 by which the learned single judge as per judgment dated 01/09/2008 relegated the writ petitioners to prefer a revision before the government under section 83 of the kerala revenue recovery act (hereinafter referred to as 'the rr act'). 3. .....

Kerala Motor Transport W.W.F. Board Vs. Government of Kerala

Court : Kerala

Reported in : (2001)IILLJ1320Ker

..... that was a case dealing with the provisions of the kerala toddy workers' welfare fund act, 1969. ..... under the provisions of the kerala motor transport workers' welfare fund act, 1985 (for short 'the act'), can a time-barred appeal be directed to be entertained treating it as an application raising a doubt? ..... 17768 of 1999 which dealt with the kerala motor transport workers' welfare fund act wherein a learned single judge of this court had followed the decision referred above. 6. ..... motor transport workers' welfare fund- (1) the government may, by notification in the gazette, frame a scheme to be called the kerala motor transport 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. ..... p2) fixing the contribution payable to the kerala motor transport workers' welfare fund (for short 'the fund'). ..... the kerala motor transport workers' welfare fund board (hereinafter referred to as 'the board') is the appellant. ..... on an analysis of the kerala motor transport workers' welfare fund scheme, 1985 (hereinafter referred to as 'the scheme'). t.l. ..... such a question or doubt can be raised either by the authorities of the welfare fund board or by the assessee himself. .....

The Commonwealth Trust (India) Limited, Calicut, Rep. by Its Executive ...

Court : Kerala

Reported in : 2012(1)KLT356; 2012(1)KLJ255; 2012(1)ILR(Ker)512; 2012(1)KHC268

..... the infringement of articles 14 and 19(1)(g) was further examined by a division bench of this court, while examining the statutory validity of the toddy workers welfare fund act 1969 and the legislative competence of the state referring to entry 24 of list iii. ..... it is admitted that the petitioner is an employer as defined under section 2(f) of the kerala handloom workers welfare fund act. ..... the case of the petitioner is that, there is no rationale on the part of the respondents in enhancing the same as per the ordinance bearing no.19 of 2001, which was subsequently replaced by the kerala handloom workers welfare fund (amendment) act 2001. 2. ..... during the pendency of the above proceedings, the ordinance was replaced by the kerala handloom workers welfare fund (amendment) act 2001, and the writ petition was got amended accordingly. 4. ..... the petitioner is challenging the constitutional validity of sections 4(1) and (3) of the kerala handloom workers welfare fund act, whereby the rate of contribution payable by the worker is enhanced from re.1 to rs.3, whereby the employer has to effect double the amount remitted by the worker. ..... state of kerala (2000 (2) klt 85), wherein it has been held that the act does not contemplate any such liability upon the dealer. ..... state of kerala (1989 (1) klt 729) and bhaskaran nambiar vs. .....

District Collector Vs. Subaida Beevi

Court : Kerala

Reported in : 2010(1)KLT913

..... 1981 klt 510, a learned single judge of this court held that the provisions of section 65 of the act can be invoked to recover the amounts due under the kerala toddy workers welfare fund act, 1969, as if the amount due is public revenue due on land. ..... the point that arises for decision in this writ appeal is whether, in the absence of a purchaser for a property, put to sale under the provisions of the kerala revenue recovery act (for short, 'the act'), at the instance of an institution covered by the notification issued under section 71 thereof, it can be purchased by the government, as provided under section 50(2) of the act.2. ..... to cover the arrears referred to in sub-section (1) and those subsequently accruing due upto the date of the sale and interest and cost of process, such officer may bid on behalf of the government for an amount higher than such bid by ten paise, and in either case the government shall acquire the property subject to the provisions of this act.going by the scheme of the act, we are of the view that whena notification is issued under section 71, the provisions of the act apply mutatis mutandis to the recovery of the amounts due to the said ..... state of kerala 2008 (4) klt 738, wherein the learned single judge has taken the view that the institution concerned shall also have a right to purchase the property under section 50(2) of the act. ..... state of kerala (supra), is in tune with the scheme of the act. .....

The Thrissur District Co-operative Bankltd Vs. State of Kerala

Court : Kerala

..... the petitioner is aggrieved by ext.p8 notice proposing to sell the property of respondents 4 to 12 for realisation of the dues to the government towards abkari workers welfare fund act, toddy workers welfare fund act etc.2. ..... w.p(c) no.23159 of 2013 2 the petitioner is stated to have preferred a petition to the second respondent in terms of section 46 of the kerala revenue recovery act, 1968.3. ..... the contention of the petitioner in essence is two fold and they are, i) the attachment of the property for realisation of other dues can only be subject to the mortgage in favour of the bank. ..... in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh tuesday, the24h day of september20132nd aswina, 1935 wp(c).no. ..... ------------------------------- w.p (c) no.23159 of 2013 ------------------------------- dated this the 24th day of september, 2013 judgment the petitioner bank is said to have advanced a loan to the predecessor-in-interest of respondents 4 to 12 as well as the fourth respondent. ..... 23159 of 2013 (t) ---------------------------- appendix petitioner(s)' exhibits ---------------------------- ext.p1 : photocopies of the memorandum of deposit of title deeds dtd.14.10.1994 submitted by4h respondent and late mrs.padmavathy. ..... state of kerala represented by its principal secretary revenue department, secretariat thiruvananthapuram-695 001.2. .....

Quilon District Petroleum Dealers' Association Vs. State of Kerala

Court : Kerala

Reported in : 2006(1)KLT862

..... this writ petition is filed seeking a declaration that the petroleum dealers owning tanker lorries for the purpose of lifting petroleum products from the installations of the petroleum companies to the retail outlets are not transporting undertakings for the purpose of the kerala motor transport workers' welfare fund act, 1985 or the welfare fund scheme there under and are not, therefore, liable to pay any contribution under the said act and the scheme. ..... the kerala motor transport workers' welfare fund act, 1985 (hereinafter referred to as the 'welfare fund act') was made to provide for the constitution of a fund to promote the welfare of the motor transport workers in the state of kerala ..... notwithstanding anything contained in any other law for the time being in force, every registered owner or person having possession or control of a motor vehicle in respect of a motor transport undertaking liable to pay contribution (other than autorickshaws covered under the provisions of the kerala autorickshaw workers' welfare fund scheme, 1991) shall, at the time of making payment of the tax under the kerala motor vehicles taxation act, 1976 (19 of 1976), produce before the taxation officer the receipt of remittance of the contribution to the fund due up to the preceding month.7. ..... by the kerala motor transport workers' welfare fund (amendment) act, 2005 (hereinafter called the 'amending act'), certain amendments were made to the welfare fund act, also in the interpretation clause in section .....

All Kerala Distributors Association, Represented By Its Secretary Vs. ...

Court : Supreme Court of India

..... (7) notwithstanding anything contained in any other provision of this act, every registered owner or person having possession or control of a motor vehicle in respect of a motor transport undertaking liable to pay contribution under the kerala motor transport worker's welfare fund act, 1985 (21 of 1985) shall, before effecting payment of tax produce before the taxation officer the receipt of remittance of the contribution towards welfare fund due upto the preceding month. (8. ..... , section 15 of the 1976 act and section 8a of the kerala motor transport workers welfare fund act, 19853 inserted by act 23 of 2005.2. ..... (9) an officer or authority exercising the power of appeal under sub-section (5) of section 8 of the kerala motor transport workers welfare fund act. ..... - notwithstanding anything contained in any other law for the time being in force every registered owner or person having possession or control of a motor vehicle in respect of a motor transport undertaking liable to pay contribution (other than autorickshaws covered under the provisions the kerala autorickshaw workers welfare fund scheme, 1991) shall, at the time of making payment of the tax under the kerala motor vehicles taxation act, 1976 (19 of 1976) produce before the 7 receipt of remittance of welfare fund contribution at the time of making payment of vehicle tax before the taxation officer. .....

Geo Tech. Construction Co. Pvt. Ltd. Vs. Hindustan Steel Works Constru ...

Court : Kerala

Reported in : AIR1999Ker72

..... a1 to a3 bank guarantees can be injuncted in view of the fact that the geo-tech has disputed the liability to pay the contribution under the kerala construction workers welfare fund act, without establishing fraud on the part of hscl or irretrievable injustice to which proposition we cannot agree.26. ..... the underlying dispute between the parties is whether the geo-tech is liable to indemnify the hscl in respect of the contribution paid or payable under the provisions of the kerala construction workers welfare fund act. ..... after considering these and other documents produced in the case, the court below found that the geo-tech is liable to pay the contribution under the kerala construction workers welfare fund act inasmuch as it admitted the execution of exts. ..... 1 1626 of 1994 claiming exemption from the provisions of the kerala construction workers welfare fund act on the ground that it is a government company wholly owned and controlled by the central government. ..... 14.20 lakhs towards the dues under the kerala construction workers welfare fund act. ..... deducted 1% from the part payments of the bills towards the contribution under the construction workers welfare fund act. ..... v/o tractors export, moscow (1969) 2 s.c.r. .....

M.P. Dharmarathnam and Others Vs. State of Kerala Represented by the C ...

Court : Kerala

..... since different drivers take on hire the same auto rickshaw, such drivers are not employees of the auto owner and therefore, the registered owner is not liable to register the hirers as motor workers or remit contribution payable under the kerala auto rickshaw workers' welfare fund scheme 1991 (hereinafter referred to as the 'scheme') or under the kerala motor transport workers' welfare fund act 1985 (hereinafter referred to as "the act") is the specific case put forward by the appellants. ..... clause 2(p) of the scheme: "employer" means the employer defined in sub-section (e) of section 2 of the kerala motor transport workers' welfare fund act, 1985. ..... however, their grievance is that in order to remit the motor vehicle tax under the kerala motor vehicle taxation act, the taxation officer demands receipt of payment of motor workers welfare fund up to the previous month for acceptance of tax which is a requirement of section 4(7) r/w section 4(8) of the kerala motor vehicles taxation act. ..... when confronted with the situation of inability to remit the tax without payment of welfare fund to operate the auto rickshaws, the appellants approached this court challenging the requirements of sections 4 (7) and 4 (8) of the taxation act and also for a declaration that the provisions of the welfare fund act and scheme for payment of contribution towards workers welfare fund do not apply to them. ..... ramakrishnan, standing counsel appearing for the motor workers welfare fund board. 2. .....

Charangat Coir Manufacturing Co. (P) Ltd. Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT312; (2004)IILLJ448Ker

..... the preamble of the kerala coir workers' welfare fund act, 1987 states that it was enacted 'to provide for constitution of a fund to grant relief to, to promote the welfare of, and to pay pension to coir workers and self employed persons in coir industry in the state of kerala and for certain other matters incidental ..... section 4(2) of the kerala coir workers' welfare fund act was amended as follows:-'(2) every employer, producer of coir products and dealer should pay to the fund a contribution at the rate shown in the annexure per ..... these original petitions constitutional validity of some of the provisions in the kerala coir workers' welfare fund act, 1987, hereinafter referred to as the act, are challenged by the petitioners. ..... the above act was amended by the kerala coir workers' welfare fund (amendment) act, 1998, hereinafter referred to as the amendment act, which came into force with effect from 30th day of september ..... (1) klt 658 (sc) = (2002) 2 scc 459, where the supreme court after dealing with the provisions of the kerala fishermen welfare fund act, 1985, as amended by act 15 of 1987, held as follows:-'22. ..... appearing for the coir workers welfare fund board submits that in some of the cases amounts were realised from the parties and some benefits also were given to the workers. ..... in view of the above, the demands challenged are set aside: the coir workers welfare fund board can take steps to make fresh assessment according to law for the past payment, if any, within three months .....