Kerala High Court
A.A.Nahan vs The Additional District ... on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 27381 OF 2012
PETITIONER:
A.A.NAHAN
ATTIYATTUKARA HOUSE, KALADY P.O., ERNAKULAM.
BY ADVS.
SRI.G.PRABHAKARAN
SMT.R.PADMAKUMARI
RESPONDENTS:
1 THE ADDITIONAL DISTRICT EXECUTIVE OFFICER,
KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD,
S.R.M. ROAD, ERNAKULAM-682 018.
2 THE GOVERNMENT OF KERALA
REPRESENTED BY THE LABOUR AND REHABILITATION (S)
DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.P.RAMAKRISHNAN, SC,KMTWWF BOARD
SRI.RENJITH T.R., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.27381 of 2012 2
P.V.KUNHIKRISHNAN, J
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WP(C) No. 27381 of 2012
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Dated this the 6th day of January, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. issue a writ of certiorari or such other writs, order or direction
quashing Exhibit P4 appellate order along with its
consequential Exhibit PI order.
ii. issue a writ of mandamus or any other writs order or direction
that the determining authority under Kerala Motor Transport
Workers Welfare Fund has no authority to determine, if there is
no claim from the alleged employees and also without taking
depositions from each one of such claimed employees.
iii. To declare that if the employees and the employer have no
claim under the Kerala Motor Transport Workers Welfare Fund
Act or rules or scheme, the determining authority by themselves,
cannot finalise the determination.
iv. Grant such other relief as this Honourable Court may deem fit
and proper.
2. By a final determination order, under the Kerala Motor Transport
Workers Welfare Fund, the petitioner was assessed for the combined period of
2003-2006, in respect of stage carriage KRH 6656/KL-7/AN 1758, for a sum of
Rs.50,302/-(Rupees Fifty Thousand Three Hundred and Two Only) as evident by
Ext.P1. The petitioner preferred a statutory appeal against the Ext.P1 order as
evident by Ext.P2. The Appellate Authority as per order dated 27-09-2007, was
pleased to grant an interim stay of implementation of Ext.P1 determination order,
provided the petitioner pay 20% of the assessed amount. It is stated that the
petitioner remitted a sum of Rs.10,060/- (Rupees Ten Thousand and Sixty Only)
on 24/10/2007 as evident by Ext.P3. Thereafter the appeal was disposed of by 2nd
respondent as evident by Ext.P4, confirming Ext.P1. Aggrieved by Exts. P1 and
P4 this writ petition is filed.
3. This writ petition was posted for hearing on 09/12/2022. On that day
there was no representation. Hence this writ petition was listed today. Today also
there is no representation.
4. Heard the learned Standing Counsel for the 1st respondent.
5. After going through Exts.P1 and P4 orders, I see no reason to interfer
with the same. The assessing authority and the Appellate Authority considered all
the facts and came to the conclusion that the petitioner is liable to pay contribution
as per the act. In such circumstances, I see no reason to interfere with Exts.P1 and
P4.
Hence this writ petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AMR
APPENDIX OF WP(C) 27381/2012
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE FINAL DETERMINATION ORDER
ISSUED BY THE 1ST RESPONDENT WITH ITS
NUMBER EE 1075/FDO/03-06 DATED 20.07.2007.
Exhibit P2 TRUE COPY OF THE APPEAL MEMORANDUM ALONG
WITH STAY PETITION DATED 28.07.2007.
Exhibit P3 TRUE COPY OF THE RECEIPT OF MONEY DATED
24.10.2007.
Exhibit P4 TRUE COPY OF THE APPELLATE ORDER ISSUED BY
THE 2ND RESPONDENT WITH ITS
NO.G.O(Rt)NO.1691/2012/LBR DATED 20.10.2012
