IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 14203 of 2004(Y) -------------------------- PETITIONER: ------------ P.A.SAMUEL, PLAMKOOTTATHIL HOUSE, MEKKOZHOOR, MYLAPRA, PATHANAMTHITTA. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA. 2. THE TAHSILDAR (RR) KOZHENCHERRY. 3. THE VILLAGE OFFICER, MYLAPRA VILLAGE. BY ADV. SRI.K.HARILAL, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FINAL DETERMINATION ORDER NO. EP/284/RAO (FINAL)/94-2000 DATED 13.8.2003 ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE FINAL DETERMINATION ORDER NO. EP/284/FDO/2000-02 DATED 13.8.2002 ISSUED BY THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF DEMAND NOTICE NO. B8 1225/04 DATED 15.4.2004 ISSUED BY THE SECOND RESPONDENT FOR THE PERIOD 1994-95 FOR RS. 9309/-. EXT.P4 TRUE COPY OF DEMAND NOTICE NO. B8 1184/04 DATED 15.4.2004 ISSUED BY THE SECOND RESPONDENT FOR THE PERIOD 1996-2000 FOR RS. 22901/- EXT.P5 TRUE COPY OF DEMAND NOTICE NO. B8 1185/04 DATED 15.4.2004 ISSUED BY THE SECOND RESPONDENT FOR THE PERIOD 2000-02 FOR RS. 26699/- EXT.P6 TRUE COPY OF DEMAND NOTICE NO. B8 1099/04 DATED 2.4.2004 ISSUED BY THE SECOND RESPONDENT FOR THE PERIOD 2002-03 FOR RS. 15130/- EXT.P7 TRUE COPY OF THE RECEIPT DATED 4.9.2001 FOR PAYMENT OF RS. 1558/- TOWARDS KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BY THE PETITIONER. EXT.P8 TRUE COPY OF THE RECEIPT DATED 18.8.2001 FOR PAYMENT OF RS. 3502/- TOWARDS KERALA MOTOR TRANSPORT WORKERS WLEFARE FUND BY THE PETITIONER RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 14203 OF 2004 -------------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of Motor Transport Workers Welfare Fund contribution demanded for the years 1994-2000 and for 2000-2002 under two separate orders. In the case of demand for the years 1994-2000, petitioner as registered owner and conductor of the bus is excluded. However, demand is sustained for his son, who was engaged as driver in the bus. So far as the other two years is concerned, there is a demand for an additional employee one C.A. Mathai. Counsel for the petitioner submitted that along with him, his son was a party in the business and therefore not an employee. It is further contended that business is closed and petitioner's son is also not working as driver. If petitioner's son is not a registered worker and is not continuing as driver, I do not think there is any justification to recover the arrears for him. However, for the employee engaged during 2000-02, petitioner is liable to make contribution. The Executive Officer is directed to verify whether petitioner's son was 2 registered and whether his registration is continued and if so contribution for his son will also be recovered along with contribution for the worker named above. The payments made will be credited towards liability sustained as above. The balance will be recovered subject to verification by the Executive Officer about the petitioner's son's registration and continuation thereof in the rolls of the workers. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3