Employee managing a shop not liable for welfare fund contributions being not employer: Kerala HC

Employee managing a shop not liable for welfare fund contributions being not employer

Kerala High Court in C.K. Sasidharan vs. The Welfare Fund Inspector (W.P. No. 22691/2013)On July 25, 2024,on July 25, 2024, ruled that an employee managing a shop is not liable for welfare fund contributions under the Kerala Toddy Workers Welfare Fund Act, 1969. The Court relied on the Supreme Court’s judgment in Joseph vs. State of Kerala (2002 KHC 171), which clarified that mere involvement in business operations does not make someone an employer responsible for welfare fund contributions. The judgment reinforced that without proof of an intermediary’s role as an employer, only the principal employer is liable, and authorities were directed to recover the amount from them.

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November 2024

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