IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WA.No. 148 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.661/2008 Dated 07/01/2008 .................... APPELLANT: PETITIONER --------------------- V.A.AUGUSTINE, VANYAMPARAMBIL HOUSE, KADAVANTHRA P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.JACOB VARGHESE SRI.JOSE ABRAHAM RESPONDENTS: RESPONDENTS ------------------------ 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. ADDITIONAL SECRETARY TO GOVERNMENT (APPEAL-I), DEPARTMENT OF LABOUR AND REHABILITATION, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LABOUR AND REHABILITATION GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DEPUTY TAHSILDAR(R.R0, OFFICE OF THE DEPUTY TAHSILDAR(RR), KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY GOVT.PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.A.No. 148 of 2008 ----------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT Koshy, J. The appellant was asked to pay Rs.45,975/- towards arrears of motor transport workers welfare fund dues. His appeal against the final determination order was dismissed by Exhibit P3 dated 25.1.2005. When revenue recovery proceedings were initiated in December, 2007, this petition was filed in January, 2008, on reopening the court after X'mas vacation. It is the case of the petitioner that he was not aware of the implication of the appellate order. According to him, his vehicle was not running on road at that time and it is further contended that even if he has got liability, the maximum amount will not come beyond Rs.30,000/-. In the appeal also his contention was that final determination order was made without hearing him and an opportunity may be given to him to argue before the District Executive Officer regarding the final determination order as he has produced details regarding the employees etc. In the above circumstances, if the petitioner deposits Rs.30,000/- within one month from today and executes a bond for WA.148/08 2 the balance amount demanded, Exhibits P2 and P3 final determination orders will stand set aside and the District Executive Officer will give an opportunity to the petitioner and other persons concerned of being heard and pass fresh final determination order. If the above conditions are not fulfilled, Exhibits P1 to P3 will stand confirmed. We are not expressing anything on merit as the final determination order has to be passed after verifying the records. The Writ Appeal is disposed of as above. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.