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Judgment
K.A. Abdul Gafoor, J.—First petitioner is a Society and the 2nd petitioner is its Chief Promoter. They are running toddy shop No. 60 of Thodupuzha range. It is submitted by the petitioners that the 5th respondent is not a member of the society. He is obstructing the functioning of the society. The petitioners are unable to take the toddy tapped by the 5th respondent as he is not a member. Therefore, the obstruction shall be averted by rendering police protection.
At the same time, it is submitted by the 5th respondent that he was a tapper attached to the very same shop during the last abkari year. There is a fixity of tenure of employment of the toddy tappers attached to shops.
The toddy workers attached to a shop in a particular year under one contractor cannot be sent away by the subsequent contractor during the next abkari year. The position does not change even if a Society runs the shop. It is submitted by the 5th respondent on the strength of the order passed by the Welfare Fund Inspector Ext. R5 (1) that he was found to be a registered worker in shop No. 60 of Thodupuzha range for the year 1999-2000. In such circumstances, there is no reason for the petitioners to contend that he is not a registered worker. Even if he has not taken membership in the society which is in the position of a contractor, they cannot contend that toddy workers of the previous year cannot be employed unless become members of the society. Whether one should become a member of the society or not, is an option for him. In such circumstances, the petitioners cannot be rendered police protection to exclude the 5th respondent workmen.
O.P. is dismissed. No costs.