IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 28408 of 2007(F) -------------------------------------- PETITIONER: ----------------- P.C.JOSEPH, PADARAM HOUSE, VAZHAPPALLY, CHANGANACHERRY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ---------------------- 1. THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOTTAYAM. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) CHENGANACHERRY. 3. P.J.THOMAS, PARAKKUZHI HOUSE, MADAPPILLY, CHENGANACHERRY. GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR FOR R2 ADV. SRI.P.RAMAKRISHNANAN, SC FOR R1 ADV. SRI.M.P.MADHAVANKUTTY FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, ALONG WITH W.P.(C). NO.6863 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ ANTONY DOMINIC, J. ---------------------------------------------------------------- W.P.(C) 28408 of 2007 & 6863 of 2008 ---------------------------------------------------------------- Dated: AUGUST 8, 2008 JUDGMENT In these two writ petitions, the controversy is regarding the liability for paying the welfare fund dues under the Motor Transport Workers Welfare Fund Act and the Scheme, in respect of stage carriage bearing registration No.KL-6/3675. 2. The petitioner in W.P.(C) 6863 of 2008 was its registered owner. According to him, he sold the vehicle by Ext.P2 agreement dated 21.10.2004 to the petitioner in W.P.(C) 28408 of 2007. Despite the transfer, the welfare fund dues for the period spanning from 2001 to 2007 was demanded from him. Thereupon he filed an appeal before the 1st respondent and obtained Ext.P5 stay on condition that he remits 20% of the dues. Admittedly that amount was not remitted and as a result of which he has ceased to be eligible for the benefit of the stay granted by the W.P.(C) 28408 of 2007 & 6863 of 2008 2 Appellate Authority. In this writ petition he only seeks that the Appellate Authority may be directed to consider his appeal dated 11.12.2006 referred to in Ext.P5. 3. I see no reason to decline this prayer. If, as stated by the petitioner, his appeal dated 11.12.2006 mentioned in Ext.P5 is still pending consideration of the Secretary to Government, Labour and Rehabilitation Department, the appeal shall be disposed of with notice to the petitioner and others. It is clarified that it will be open to the petitioner to produce whatever documents he wants to rely on, as and when the appeal is considered by the Appellate Authority. It is directed that the appeal shall be disposed of as expeditiously as possible, at any rate within three months of production of a copy of this judgment. 4. In so far as W.P.(C) 28408 of 2007 is concerned, as already noticed, it was in favour of the petitioner herein that by Ext.P2 agreement referred to above, the vehicle was W.P.(C) 28408 of 2007 & 6863 of 2008 3 transferred. However, he contends that the transfer of permit in his favour was only from 20.7.2006 and that his liability for the welfare fund arises only subsequent to 20.7.2006 and he has paid the entire dues. 5. This is a matter for the District Executive Officer, Kottayam, to verify and, if as stated by the petitioner, the same is factually correct, further proceedings against him will not be continued. It is directed that this examination shall be completed as expeditiously as possible and, at any rate, within four weeks from today. In the meantime, the interim order dated 10.10.2007 will remain in force. Writ petitions are disposed of as above. ANTONY DOMINIC JUDGE mt/-