IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 OP. No. 25222 of 2002(C) ------------------------------ PETITIONER: ---------------- ITTYCHERIA PHILIP, (POWER OF ATTORNEY HOLDER OF SRI. SAM G. NILAMEL), ELENJIKKAL PUTHENPURAYIL, VEEYAPURAM P.O, HARIPAD, ALAPPUZHA DISTRICT. BY ADV. SRI. K. SASIKUMAR RESPONDENTS: ------------------ 1. COMMISSIONER AND SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, HARIPAD P.O., ALAPPUZHA DISTRICT. BY ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD SRI. V.V. SURENDRAN. GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. No. 25222/2002 Order on C.M.P.No.42722/2002 in OP. No. 25222/2002 Dismissed. 29.02.2008 Sd/- KURIAN JOSEPH, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE FINAL DETERMINATION ORDER DATED 22.11.1999 ISSUED BY THE SECOND RESPONDENT. EXT. P2 : COPY OF THE GO(Rt) NO. 1871/2002 LBR DATED 29.6.2002 ISSUED BY THE 1ST RESPONDENT. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. -------------------------------------- O.P. No. 25222 OF 2002 -------------------------------------- Dated this the 29th day of February, 2008. J U D G M E N T Petitioner is aggrieved by the proceedings issued under the Kerala Motor Transport Workers Welfare Fund Act. The main contention of the petitioner is that the muster roll was not acted upon by respondents 1 and 2. It is noted by the appellate authority that there were unauthorized alterations in the muster roll and hence the same cannot be accepted. Though there is serious dispute on this factual aspect, I do not think the matter should be gone into by this Court in the proceedings under Article 226 of the Constitution of India, since the appellate authority has gone into the issue and entered a finding on facts. Therefore, this writ petition is dismissed. Petitioner, however, shall be permitted to pay the arrears in five equal monthly installments starting from the month of April 2008. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J O.P. No. 25222 OF 2002 J U D G M E N T 29.02.2008.