IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 5680 of 2010(H) ------------------------------------ PETITIONER(S): ----------------------- LEELA,W/O.BHASKARAN,MATTOOKKARAN HOUSE, IRINAVU.PO,KANNUR. BY ADVS.MR.SUNIL NAIR PALAKKAT MR.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): ---------------------------- 1. GOVERNMENT OF KERALA,REP.BY THE SECRETARY TO THE GOVERNMENT LABOUR AND REHABILITATION DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR. 3. THE SPECIAL DEPUTY TAHSILDAR(REVENUE RECOVERY),KANNUR TALUK,KANNUR. 4. K.P.KALADHARAN,S/O.T.C.GOPALAN, "GEETHALAYAM",KEEZHARA.P.O,CHERUKUNNU AMSOM, KANNUR. 5. ASHARAF,DRIVER,VEHICLE NO.KL 13 B 3544, C/O.K.P.KALADHARAN,S/O.T.C.GOPALAN,'GEETHALAYAM', KEEZHARA.P.O,CHERUKKUNNU AMSOM,KANNUR. 6. MAHINESHAN,CONDUCTOR-VEHICLE NO.KL 13 B 3544,C/O.K.P.KALADHARAN,S/O.T.C.GOPALAN, 'GEETHALAYAM',KEEZHARA.P.O,CHERUKUNNU AMSOM, KANNUR. 7. JAFFAR, CLEANER-VEHICLE NO.KL 13 B 3544 C/O. K.P.KALADHARAN, S/O. T.C. GOPALAN, 'GEETHALAYAM' KEEZHARA P.O., CHERUKUNNU AMSOM, KANNUR R1 & R3 BY GOVT. PLEADER MR.BIJOY CHANDRAN R2 BY ADV. MR.PAULSON C.VARGHESE,SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.5680 of 2010-H ---------------------------- Dated this the 9th day of March, 2010. J U D G M E N T The petitioner is challenging the coercive proceedings being pursued at the instance of the respondents; particularly the second respondent, for realisation of the amount stated as due towards the contribution under the Kerala Motor Transport Workers' Welfare Fund Act, in respect of the stage carriage bearing No.KL 13B 3544, which was owned, possessed and operated by the husband of the petitioner. 2. The learned counsel for the petitioner submits that the husband of the petitioner had sold the vehicle to the fourth respondent as per Ext.P1 agreement dtd.28.10.2000 and the petitioner is having absolutely no idea about the whereabouts of the husband for the past several years. However, it is contended that Ext.P4 order was passed without hearing the petitioner's husband and the petitioner came to know about the proceedings only after issuance of Exts.P5 and P6 notices. Quite strangely, the petitioner has also raised a contention that the petitioner's husband is not an W.P(C) No.5680 of 2010-H 2 'employer' as defined under Section 2(e) of the Act, besides other disputes on the merits as well. 3. Obviously, Ext.P4 order was passed by the Government as early as on 10.8.2006, whereby the appeal preferred by the husband of the petitioner, who was stated as an 'employer' of the vehicle in question, was dismissed. There is no case that the said order was subjected to challenge by the husband of the petitioner. The petitioner has set apart the challenge in respect of Ext.P4 nearly 3 ½ years and this Court does not find it necessary to enter in the merits of the case at the instance of the petitioner. The learned counsel for the petitioner submits that petitioner might be permitted to clear the entire outstanding liability by way of reasonable instalments. 4. Accordingly, the petitioner is permitted to clear the outstanding liability by way of 'six' equal monthly instalments; the first of which shall be effected on or before the 31st of this month; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Exts.P5 and P6 shall be kept in abeyance. It is also made clear that, if any default is committed by W.P(C) No.5680 of 2010-H 3 the petitioner in satisfying the due amount as above, the respondents will be free to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No.5680 of 2010-H 4