Damianz Retreat vs State Of Kerala
2022 Latest Caselaw 3693 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. 10031 OF 2022
PETITIONER/S:

          DAMIANZ RETREAT
          PUTHENVELIKKARA P.O., NORTH PARAVUR, ERNAKULAM
          DISTRICT,PIN-683 594,REPRESENTED BY ITS MANAGING
          PARTNER, RAIGON P.DAMIAN, S/O.PETER DAMIAN, RESIDING AT
          KAIMATHURUTHIL HOUSE, PUTHENVELIKKARA, NORTH PARAVUR,
          ERNAKULAM DISTRICT,PIN-683 594
          BY ADVS.
          M.G.KARTHIKEYAN
          NIREESH MATHEW


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, LABOUR DEPARTMENT,
          GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001
    2     THE CHIEF WELFARE FUND INSPECTOR,
          THE KERALA ABKARI WORKERS WELFARE FUND BOARD, K.P.C
          BUILDING, ARYASALA, THIRUVANANTHAPURAM-695 036
    3     THE WELFARE FUND INSPECTOR,
          KERALA ABKARI WORKERS WELFARE FUND BOARD, LUCKY STAR
          BUILDING, MARKET ROAD, ERNAKULAM,PIN-682 035
    4     THE EXCISE COMMISSIONER,
          COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
          NANDAVANAM, THIRUVANANTHAPURAM-695 033
    5     THE DEPUTY COMMISSIONER OF EXCISE,
          EXCISE DIVISION OFFICE, KACHERIPADY, ERNAKULAM,PIN-682
          018
    6     THE PROVIDENT FUND COMMISSIONER,
          THE EMPLOYEES PROVIDENT FUND ORGANIZATION, (MINISTRY OF
          LABOUR, GOVT. OF INDIA), SUB REGIONAL OFFICE,
          BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17


          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. 10031 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) 10031/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE DATED 29.03.2021 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 EMPLOYEE'S PROVIDENT FUND ORGANIZATION, DATED 12.03.2022 Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 15.03.2022 IN WPC NO.58983/2022 PASSED BY THIS HON'BLE COURT