IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 22839 of 2008(R) -------------------------- PETITIONER: -------------- M.K.MOHANAN, MALAKKULATHIL HOUSE, MALLAPPALLY P.O., CHANGANACHERRY. BY ADV. SRI.P.HARIDAS RESPONDENTS: ---------------- 1. CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM. 3. THE CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, KOLLAM. 4. THE DISTRICT EXECUTIVE OFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, KOTTAYAM. 5. THE DEPUTY TAHSILDAR(REVENUE RECOVERY), CHANGANACHERRY. 6. THE VILLAGE OFFICER, VAZHAPPILLY EAST, CHANGANACHERRY. 7. SRI. T.P.MOHANA DAS, S/O T.K.PACHU, THAIPPARAMBIL HOUSE, CHEERAMCHIRA P.O., CHANGANACHERRY. 8. SRI. P.S.SAINUDEEN, SABITHA MANZIL, CHETHIPPUZHA, CHANGANACHERRY. R1, R2, R5 & R6 BY GOVT. PLEADER, SMT.N. SUDHA DEVI R4 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD R7 BY ADV. SRI.O.D.SIVADAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 22839/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE IDENTITY CARD ISSUED BY THE KERALA MOTOR TRANSPORT WORKERS' FUND BOAR, KOTTAYAM, DATED 17.5.06. EXT.P2 : TRUE COPY OF THE COMPLAINT FILED BEFORE CONSUMER DISPUTESREDRESSAL FORUM, KOTTAYAM AS CC NO.240/06. EXT.P3 : TRUE COPY OF THE ORDER ISSUED BY CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM IN CC NO.240/06DATED 30.08.07. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 22839 OF 2008 ------------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT The petitioner was working as a conductor in a stage carriage owned and operated by the 7th respondent. The vehicle was originally in the ownership of respondents 7 and 8, which is presently in the sole proprietorship of the 7th respondent. The 7th respondent defaulted payment of contributions to the Kerala Motor Transport Workers Welfare Fund. Petitioner has retired from service. The final determination order was passed by the 4th respondent against respondents 7 and 8 and while steps were being taken for recovery of the contribution determined, the employer approached the Consumer Disputes Redressal Forum and obtained a stay of recovery of arrears of contribution. It is under the above circumstances the petitioner has filed the writ petition seeking the following reliefs: “a) May call for records leading to Exhibit.P2 and close the same and all further proceedings in CC No.240/06before the consumer dispute redressal forum, and may quash the same as far as it affect the petitioner, by issuing a writ of certiorari; b) May issue a writ of mandamus or any other appropriate WPC : 22839/08 -:2:- writ order or direction commanding respondents 3 to 6 to close the petitioner's welfare fund account after recovering the outstanding contribution from 7th respondent along with interest and to disburse the outstanding amount along with 12% interest from the date of entitlement to the petitioner.” 2. At the time of admission, I passed the following interim order: “There would be a direction to the first respondent to consider the maintainability of Ext.P2 petition and to pass orders thereon within one month from the date of receipt of a copy of this order.” 3. Now the learned counsel for the petitioner submits that in accordance with the interim order, the Forum considered the maintainability of the petition and dismissed the petition as not maintainable. Respondents 7 and 8 have not chosen to file any counter affidavit. Neither is the counsel present today. In the above circumstances, I must accept the contentions of the petitioner as correct. Now that the final determination order has been passed, it is the duty of respondents 4 to 6 to recover the arrears of contribution due from respondents 7 and 8 in accordance with the final determination order. They shall recover the amounts as WPC : 22839/08 -:3:- expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. On such recovery, the Welfare Fund amounts due to the petitioner shall be disbursed within another two months. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE ttb