Kerala High Court
Safeena.V.Y vs Labour Commissioner on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 20778 OF 2021
PETITIONER :
SAFEENA.V.Y.,
AGED 44 YEARS,
W/O.V.A.AFSAL, 44/3100A, VELIYATH VALIYAVEETTIL,
SIUP SCHOOL ROAD,
KALOOR, ERNAKULAM DISTRICT,
PIN-682017.
BY ADVS.
SAM ISAAC POTHIYIL
TINU JOHNSON
VISHNU DAS
SRUTHI DAS
JISHMA K.S
OSHIN MENDEZ
PHILIP ARUN M.N.
MOHAMED AMJAD K.M
MARIA NEETHU T.J
ANJITHA ANIL KUMAR
RESPONDENTS :
1 LABOUR COMMISSIONER
LABOUR COMMISSIONERATE,
SENATE HOUS CAMPUS, PALAYAM,
THIRUVANANTHAPURAM, KERALA - 695 033.
2 THE DEPUTY LABOUR OFFICER,
THE DISTRICT LABOUR OFFICE,
CIVIL STATION, KAKKANAD,
ERNAKULAM - 682 030.
3 THE DEPUTY TAHASILDAR (R R),
KANAYANNUR TALUK, ERNAKULAM - 682 011.
BY SENIOR GOVT.PLEADER SRI.JUSTIN JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20778 OF 2021
2
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.P.(C).No.20778 of 2021
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 1st day of October, 2021
JUDGMENT
Petitioner seeks for a direction to dispose of Ext.P3 appeal,
filed under Section 11 of the Building and Other Construction
Workers' Welfare Cess Act, 1996.
2. A perusal of the memorandum of appeal produced
before this Court shows that the appeal was filed only on 25.09.2021
that too by email. The reason for preferring the appeal can be
assimilated from Ext.P1, which is a revenue recovery notice dated
21.08.2020 seeking to recover the amount of Rs.3,64,253/- from the
petitioner towards the building and other construction workers
welfare cess. Petitioner claims that she is entitled to the benefit of
the extended period of limitation on account of the Covid 19
pandemic as directed by the Supreme Court.
3. Be that as it may, since the revenue recovery
proceedings have already been initiated that too more than a year
ago, the direction to consider the appeal though justifiable, still, for
exercising the discretionary remedy under Article 226 of the
WP(C) NO. 20778 OF 2021
Constitution of India for the grant of stay of Ext.P1, it is necessary
that petitioner deposits a percentage of the sum sought to be
recovered under Ext.P1. Petitioner through her learned counsel
agrees to abide by such a condition.
Accordingly I direct the first respondent to dispose of
Ext.P3 appeal within a period of six months from the date of receipt
of a copy of this judgment and till such orders are passed, all
proceedings pursuant to Ext.P1 shall stand stayed on condition that
the petitioner deposits 50% of the amount demanded in Ext.P1
within a period of 30 days from today.
The writ petition shall stand disposed of with the aforesaid
directions.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 20778 OF 2021
APPENDIX OF WP(C) 20778/2021
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE NOTICE UNDER SECTION
34 OF THE KERALA REVENUE RECOVERY ACT, 1968
ISSUED TO THE PETITIONER DATED 24.08.2020
Exhibit P2 THE TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
THROUGH 2ND RESPONDENT ADDRESSING THE 1ST
RESPONDENT UNDER SECTION 11 OF THE BUILDING
AND OTHER CONSTRUCTION WORKER'S WELFARE
CESS ACT, 1996 DATED 15.09.2021 ALONG WITH
THE POSTAL RECEIPT DATED 16.09.2021
Exhibit P3 THE TRUE COPY OF THE APPEAL FILED UNDER
SEC.11 OF THE BUILDING AND OTHER
CONSTRUCTION WORKER'S WELFARE CESS ACT,
1996 ALONG WITH THE EMAIL RECEIPT DATED
25.09.2021
Exhibit P4 THE TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER TO THE 3RD RESPONDENT DATED
16.09.2021 ALONG WITH THE POSTAL RECEIPT
DATED 20.09.2021.
