IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 1145 of 2002(J) ---------------------- PETITIONER: ------------------- R.BABU RAJ,S/O SREEDHARAN, RAMODY HOUSE,NAYARAMBALAM P.O., COCHIN TALUK. BY ADV. SRI.T.I.DANIEL SMT.ELSA DENNIS PINDIS RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,GOVT.SECRETARIAT,TRIVANDRUM. 2. THE JOINT SECRETARY,LABOUR AND REHABILITATION (R) DEPARTMENT,THIRUVANANTHAPURAM. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALARIVATTOM, COCHIN-25. R1 & 2 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL P. SRI.P.RAMAKRISHNAN FOR R3. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.1945 OF 2002 IN OP.NO.1145 OF 2002. DISMISSED. 2-1-2008. Sd/- T.R.Ramachandran Nair, Judge. APPENDIX PETITIONER'S EXHIBITS:- P1: Copy of the agreement dtd.6-7-1989. P2: Copy of the agreement dtd.6-12-1994. P3: Copy of the Registration certificate of the petitioner's partnership firm dtd.10-10-1988. P4: Copy of the Remand order of the appellate authority dtd.22-11-1999. P5: Copy of the Final Determination order passed by the 3rd respondent dtd.3-4-2000. P6: Copy of the cover in which the final determination order was communicated by the 3rd respondent to the petitioner dtd.20-9-2001. P7: Copy of the appeal memorandum filed by the petitioner before the 2nd respondent dtd.7-11-2001. P8: Copy of stay petition filed by the petitioner before the 2nd respondent dtd.7-11-2001. P9: Copy of the order issued by the 2nd respondent to the petitioner dtd.19-12-2001. RESPONDENTS' EXHIBITS:- Nil. ( true copy ) P.A. to Judge. kvs/- T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = O.P.No.1145 OF 2002-J. = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T This writ petition is filed challenging Ext.P9 order passed by the Government on an appeal filed by the petitioner under Sec.8(5) of the Kerala Motor Transport Workers Welfare Fund Act, 1985. As per Ext.P9 the final determination order which was impugned in the appeal was stayed subject to the condition that the appellant remits 30% of the assessed amount within one month from the date of the order. 2. In this writ petition even though CMP.No.1945/2002 was filed for staying the operation of the order, this Court has not granted any stay. 3. The order Ext.P9 is only an interim order passed in an appeal filed by the petitioner. The said order is only a discretionary order passed by the appellate authority. An order like Ext.P9 can be interfered with only if it is passed in violation of any statutory provisions or for lack of jurisdiction etc. No such ground is available in this case as admittedly the petitioner has sought for a stay of the final OP.No.1145 of 2002-J. 2 determination order and the appellate authority has passed only a conditional order. It was also specified in Ext.P9 that if the order is not complied with the stay will not be operative. 4. Therefore, the writ petition fails and the same is dismissed. If the appeal Ext.P7 is still pending before the Government the same shall be disposed of after hearing the parties within a period of five months from the date of receipt of a copy of this judgment. The Original Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/