IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 32338 of 2005(Y) -------------------------- PETITIONER: ------------ K. SURESH, PARACHALIL, MONIPPALLY P.O., KOTTAYAM. BY ADV. SRI.JOHN JOSEPH SMT.THANUJA ROSHAN RESPONDENTS: ------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY LABOUR SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD PALARIVATTOM, ERNAKULAM. 3. ANIL BABU, S/O. K.M. NARAYANAN NAIR, GOMATHY BHAVAN, ELANJI P.O., PIN-686 665. 4. MANOJ DEVASIA, S/O. DEVASIA, PANDIKKAT HOUSE, THATTAKUZHA P.O.,IDUKKI DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32338/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF FINAL DETERMINATION ORDER NO.EE 13(A) FDO/0102 DATED 08/01/2004. P2 : COPY OF MEMORANDUM OF APPEAL FILED BEFORE THE APPELLATE AUTHORITY. P3 : COPY OF ORDER GORT NO.1712/05/LBR DATED 24/06/2005 ISSUED BY APPELLATE AUTHORITY REJECTING THE APPEAL OF THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 32338 of 2005 --------------------------------- Dated, this the 23rd day of July, 2008 J U D G M E N T Challenge is against the demand of contribution of motor transport workers welfare fund for the year 2001-02. Admittedly, petitioner was engaged in stage carriage operation during the year 2001-02. Learned standing counsel appearing for 2nd respondent submitted that demand is only for three workers. Even though petitioner filed objection to provisional determination order issued on 18/03/2003, he could not substantiate the objection. The demand is only for three workers, whereas the case of petitioner is that he had engaged only one worker. Obviously, a stage carriage cannot be operated with one worker and in the normal course 4 to 5 workers are required, since a stage carriage has two doors for passenger entry and exit. Petitioner filed appeal against final determination order, which was rejected by the Government. Since the demand is only for three registered workers and without minimum three workers a stage carriage cannot be operated, I sustain the demand. The writ petition is, therefore, dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) jg