IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 34847 of 2002(W) ----------------------- PETITIONER: ------------ GRACY MATHEW, MM.VILLA, KANNAMKODE, ADOOR, PATHANAMTHITTA DISTRICT BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LABOUR GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND, KOLLAM DISTRICT. 3. THE TAHSILDAR (RR), ADOOR. 4. ABDUL JALEEL S/O. IBRAHIMKUTTY, KIZHAKKETHIL VEETTIL, MARGARAM MANZIL, KONI VILLAGE, PATHANAMTHITTA. 5. C.S.ABRAHAM S/O. SKARIA, SHINY BHAVAN, ENADIMANGALAM VILLAGE. BY ADV. SRI.P.RAMAKRISHNAN FOR R2 GOVERNMENT PLEADER FOR R1 & R3 SRI.K.R.KURUP FOR R5 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.58947/2002 IN O.P. NO.34847/2002 DISMISSED: 4.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF SALE AGREEMENT DT.17.5.99 EXECUTED BETWEEN PETITIONER'S HUSBAND & R4. P2: TRUE COPY OF DEMAND NOTICE NO.484/02 ISSUED BY R3. P3: TRUE COPY OF REPRESENTATION FILED BY PETITIONER DT.8.11.2002 TO R2. P4: .DO. DT.19.11.02 BEFORE R3. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.34847 of 2002 .................................................................... Dated this the 4th day of January, 2008. JUDGMENT Petitioner's husband who was a stage carriage owner is no more. According to the petitioner, Motor Transport Workers Welfare Fund contribution was paid by her husband during his lifetime. It is conceded that recovery is initiated only for advance contribution demanded and final determination was not issued. The O.P. is therefore disposed of directing the second respondent to issue notice to the petitioner and complete final adjudication till stoppage of operation by petitioner's husband after hearing petitioner's objections. The petitioner will along with copy of this judgment furnish details of period during which her husband was operating the stage carriage, names and addresses of employees and the details of payments made by him for the second respondent to complete adjudication afresh as above. The second respondent is directed to issue fresh orders within two months from date of receipt of copy of this judgment. Recovery proceedings will remain stayed until then and thereafter recovery will be based on fresh orders to be issued as above. C.N.RAMACHANDRAN NAIR Judge pms