Distilleries liable to pay full pay to excise officers deputed to their manufacturing units: Kerala HC
A Division Bench of the Kerala High Court has held that private distilleries are liable to pay full pay and additional allowances of excise officers deputed to supervise manufacturing of liquor at their distilleries as cost of establishment to the State government.
The Bench led by Justice Anil K. Narendran made the observation recently while allowing the appeals filed by the State government against the ruling of a single judge's verdict that only the additional allowance and not full pay of the officers needs to be paid to the government. The single judge's order came on writ petitions filed by the private distilleries which sell their products to the the Kerala State Beverages (Manufacturing and Marketing) Corporation challenging the collection of full pay.
Senior government pleader Vinitha B. submitted that under the provisions of the Abkari Act, the Kerala Distillery and Warehouse Rules 1968, Foreign Liquor (Storage in bond) Rules 1961 and Kerala Rectified Spirit Rules 1972, the State government is authorised to depute excise officials for supervising activities and the cost for deputing such officers has to be borne by the distilleries. She also pointed out that as per the licence conditions, the distilleries are bound to pay the actual cost payable to the officer deputed. Therefore, the distilleries could not take the stand that only the charge allowance would be paid under section 53(b) of part I of Kerala Service Rules. Besides, the charge allowance was actually the one payable under Section 53(b) between the State government and its employees.
The court observed that payment of establishment cost is one of the license conditions for granting the privilege of manufacturing intoxicating liquor. The court noted that there are no permanent cadre posts created for the supervisory functions of distilleries. The officers are deployed by the government. Therefore, private distilleries cannot contend that they are liable to pay only the charge allowance for the additional duty of an officer deputed to supervise the distilleries.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
an hour ago
- Time of India
Arrested IAS officer suspended for graft
1 2 Bhubaneswar: IAS officer Dhiman Chakma, who was arrested by vigilance sleuths for allegedly accepting Rs 10 lakh bribe from a businessman in Kalahandi on Sunday, was placed under suspension on Tuesday. "The chief minister has ordered immediate suspension of Dhiman Chakma, sub-collector, Dharamgarh," a statement from the CMO said. "Governor of Odisha in exercise of powers conferred under sub-rule 3 of rule 3 of the All India Services (Discipline & Appeal) Rules, 1969, hereby places Dhiman Chakma under suspension with immediate effect," read an order issued by the state general administration department. Anti-corruption officials recovered Rs 10 lakh in bribe money during the trap operation at Chakma's residence in Dharamgarh. A subsequent house search yielded an additional Rs 47 lakh in unaccounted cash.
Time of India
an hour ago
- Time of India
Plea seeks to curb excessive ticket pricing by multiplexes
Kochi: High court has sought the state govt's stand in a public interest litigation (PIL) seeking judicial intervention to regulate alleged profiteering by multiplex operators through excessive ticket pricing. A bench of Chief Justice Nitin Jamdar and Justice Basant Balaji directed the state govt to file a counter affidavit and adjourned the matter to July 1. The petition was filed by G Manu Nair, a resident of Thiruvarppu in Kottayam. In the petition, Nair alleged that cinema chains routinely inflate ticket prices based on demand, time slot and release status, resulting in exorbitant rates, particularly during the initial week of screening. He contended that such price fluctuations occur without any public approval or oversight by licensing authorities under the Kerala Cinemas (Regulation) Act, 1958 and its Rules. The petitioner further pointed out that several Indian states have introduced legal mechanisms to cap cinema ticket rates and ensure affordability. Andhra Pradesh, for instance, imposed upper limits for various theatre classes and mandated a quota of affordable seats. Telangana introduced price caps across seating categories, and Karnataka directed a ceiling of Rs 200 for multiplex tickets. Tamil Nadu has not only instituted a price control regime but also ensured judicial oversight through directions issued by the Madras high court for strict enforcement against overcharging, he added.
India Gazette
an hour ago
- India Gazette
Minor rape survivor refuses abortion, withdraws plea before Delhi HC; shifted to shelter home for care
By Dhiraj Beniwal New Delhi [India], June 10 (ANI): A minor rape survivor has informed the Delhi High court of her decision to carry her 29-week pregnancy to term, going against her parents' wishes. Consequently, she withdrew the petition that had sought permission for medical termination of the pregnancy. Acknowledging her plea for alternative accommodation, the court directed that the girl be housed at Nirmal Chhaya, a shelter home in Delhi, and ordered authorities to ensure her proper care during the remainder of her pregnancy. During the hearing before the bench of Justice Harish Vaidyanathan Shankar, the minor stated that her parents are opposing her decision. As a result, she may be unable to stay at her parental home. She prayed that the court pass directions to provide her with accommodation in a shelter home. 'In view of the above, this Court is of the view that the Petitioner can be accommodated in Nirmal Chhaya, Hari Nagar, Delhi,' Justice Shankar said in an order passed on June 4. 'Let necessary steps be taken by the Investigation Officer in conjunction with the authorities of Nirmal Chhaya, Hari Nagar and the concerned authorities of the Government of the National Capital Territory of Delhi, for ensuring that Ms. K is kept in safe custody,' Justice Shankar ordered. The court also directed the authorities concerned to ensure that Ms. X's pregnancy goes through without any difficulty and to provide all such support as required. In view of the minor's wish, the petition was dismissed as withdrawn. Advocate Anwesh Madhukar appeared for her petitioner. The High Court was dealing with a petition moved by parents on behalf of their minor daughter seeking permission to terminate her 29-week pregnancy, which occurred on account of sexual assault. An FIR was also registered in this case by the Delhi Police. The High Court, while hearing the petition on May 29, gave directions for the constitution of a medical board at Deen Dayal Upadhyay (DDU) Hospital to examine the victim. The board submitted a report on May 30. The board had opined that it is not medically safe for the Petitioner to undergo termination of the pregnancy, considering the gestation period and her current medical condition. She was administered two units of blood in the hospital, two doctors said, as her haemoglobin level was low. Thereafter, the High Court directed the doctors at DDU Hospital to provide all necessary medical treatment to the Petitioner to address her current symptoms of low haemoglobin, infection, and fever. The MTP Board of DDU Hospital shall review the Petitioner's case after giving her the necessary treatment and furnish a fresh opinion thereon. After carefully assessing her physical and mental health, as per the MTP Act, MTP (Amendment) Rules, 2021, as well as the 'Guidance Note for Medical Boards for Termination of Pregnancy Beyond 20 weeks of Gestation', of 14th August, 2017, issued by the Ministry of Health and Family Welfare, Government of India. The High Court has also called for a fresh report in this regard, which shall positively be submitted for the perusal of this Court, on or before the next date of hearing. On the next hearing, the petitioner refused to terminate the pregnancy and withdrew the petition. (ANI)
