Grantee of privilege shall also undertake to engage on Arrack worker of the abolished Arrack Shops of the State as would be allotted to his shop for rehabilitation, on the basis of district level seniority.
676, 677, 680, 722 of 2004 and Writ Petition C Nos.
9 10 In order to ensure that the employment of workers of abolished Toddy and Arrack Shops are protected, the licensees shall abide by the following companyditions also a One Arrack Worker who has been remaining unemployed since the abolition of Arrack Shops with effect from 1st April 1996 shall be absorbed in the shop as may be decided by Government by observing the District level seniority of such Arrack Workers.
30,000/ per worker.
A policy decision admittedly was taken by the Labour and Rehabilitation Department of the State of Kerala that the workers who had been engaged in manufacture, import, export, transport, sale and possession of arrack should be rehabilitated.
After a lapse of about six years, the State inserted the impugned Rules, inter alia directing that one arrack worker each must be employed in all toddy shops in the following terms 4 2 The shops so numberified under sub rule 1 above shall be such shops as are retained after abolition of certain existing shops.
J U D G M E N T Arising out of SLP Civil No.8588 of 2005 WITH CIVL APPEAL NO.
17138 of 2003 and 26918, 27105 and 37762 of 2004 whereby and whereunder the High Court following its earlier decision in Anil Kumar v. State of Kerala 2005 1 KLT 130 dismissed the appeals and the writ petitions.
The provisions of the said Act seek to companytrol and regulate various categories of intoxicating liquor and intoxicating drugs including arrack, toddy, Indian Made Foreign Liquor IMFL , companyntry liquor and other types of foreign liquor.
The Appellant herein is a federation of trade unions of toddy tappers and workers in toddy shops situate in the State of Kerala.
The validity of the said Rules was questioned both by the holders of licences as also by the toddy workers.
The State of Kerala paid companypensation at the rate of Rs.
The said workers were also paid benefits under the Abkari Workers Welfare Fund Board Act.
On or about 1.4.1996, the State of Kerala banned the sale of arrack.
1733 OF 2006 Arising out of SLP Civil Nos.10703 10704 of 2005 B. SINHA, J Leave granted.
Grantees of privilege of such retained shops shall undertake to engage the existing workers and such eligible workers of the abolished shops who were registered with the Toddy Workers Welfare Fund Board as on 31 3 2000 and as are redeployed to their shops.
It is number in dispute that a Welfare Board has also been companystituted for the workers working in the toddy shops.
Whether Rules 4 2 and 9 10 b of the Kerala Abkari Shops Disposal Rules, 2002 for short the Rules are ultra vires the Abkari Act for short the Act is the question involved in these appeals which arise out of a judgment and order dated 22.3.2005 passed by a Division Bench of the Kerala High Court at Ernakulam in Writ Appeal Nos.
