Hotel Park Residency vs State Of Kerala
2022 Latest Caselaw 3666 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                        WP(C) NO. 10151 OF 2022
PETITIONER/S:

          M/S PARK RESIDENCY
          KOYILANDY, KOZHIKODE
          REPRESENTED BY ITS MANAGING PARTNER
          SUJOJ KURIAN, AGED 40YEARS
          S/O.P.J.KURIAN, RESIDING AT PALAKUNNEL HOUSE
          ATHIRAMPUZHA P.O., KOTTAYAM - 686562
          BY ADVS.
          M.G.KARTHIKEYAN
          NIREESH MATHEW


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, LABOUR DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM - 695001.
    2     THE CHIEF WELFARE FUND INSPECTOR
          THE KERALA ABKARI WORKERS WELFARE FUND BOARD, K.P.C.
          BUILDING, ARYASALA, THIRUVANANTHAPURAM - 695036.
    3     THE WELFARE FUND INSPECTOR (REGIONAL)
          THE KERALA ABKARI WORKERS WELFARE FUND BOARD, EAST
          NADAKKAVU, KOZHIKODE- 673011.
    4     THE EXCISE COMMISSIONER
          COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
          NANDAVANAM, THIRUVANANTHAPURAM - 695033.
    5     THE DEPUTY COMMISSIONER OF EXCISE
          EXCISE DIVISION OFFICE, CIVIL STATION
          GROUND FLOOR, KOZHIKODE - 673020
    6     THE REGIONAL PROVIDENT FUND COMMISSIONER
          THE EMPLOYEES PROVIDENT FUND ORGANIZATION, (MINISTRY OF
          LABOUR, GOVERNMENT OF INDIA), BHAVISHYANIDHI BHAWAN
          NADAKKAVU, MINI BYPASS ROAD, NEAR PASSPORT OFFICE
          ERANHIPPALAM, KOZHIKODE - 673006


          SR.G.P SRI. BIMAL.K.NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10151 OF 2022              2

                                JUDGMENT

The petitioner is the holder of an FL-3 licence.

According to the petitioner, the establishment is

covered under the Employees Provident Fund and

Miscellaneous Provisions Act (EPF Act) and Scheme made

thereunder and therefore, they are not liable to pay

contributions under the Kerala Abkari Workers Welfare

Fund Act, 1989. Though the petitioner submitted Ext.P2

request before respondents 2 and 3 for issuance of

clearance certificate, they are insisting for payment

of Welfare Fund, is the grievance of the petitioner.

2. Heard the learned counsel on either sides.

If the establishment is covered under the

Employees Provident Fund and Miscellaneous Provisions

Act and the Payment of Gratuity Act, the petitioner is

not liable to pay Welfare Fund under the Kerala Abkari

Workers Welfare Fund Scheme, has been held by this

Court in Ext.P4 judgment. Therefore, it shall be open

for the petitioner to approach respondents 2 and 3

with documents evidencing the coverage under the EPF

Act along with the list of workers, and respondents 2

and 3 shall verify the same and ensure that all the

workers of the petitioner are covered under the EPF

Act. If they are covered, Clearance Certificate as

sought for under Ext.P2 shall be issued. If any of the

employees are not so covered, it will be open for

respondents 2 and 3 to demand contributions in respect

of those employees. Let the needful be done within a

period of one week from the date of receipt of a copy

of this judgment.

Sd/-

SATHISH NINAN JUDGE sd

APPENDIX OF WP(C) 10151/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE DATED 31.03.2021.

Exhibit P2 TRUE PHOTOCOPY OF THE LETTER DATED 19.03.2022 SENT TO RESPONDENTS 2 AND 3 WITH COPIES TO RESPONDENTS 4 TO 6.

Exhibit P3 TRUE PHOTOCOPY OF THE PAYMENT CONFIRMATION RECEIPT ISSUED FROM EMPLOYEES PROVIDENT FUND ORGANIZATION, DATED 21.03.2022. Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 15.03.2022 IN WP(C) NO. 5983/2022 PASSED BY THIS HON'BLE COURT.