IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 31867 of 2009(C) -------------------------- PETITIONER(S): --------------- P.E.EASOW, AGED 75 YEARS, S/O.EASOW, PALAKKAMANNIL HOUSE, THEODICAL P.O., MALLAPPALLY. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. THE CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA. ADV.K.HARILAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.31867 of 2009 ================== Dated this the 10th day of November, 2009 J U D G M E N T The petitioner is an owner of a motor transport undertaking. The 2nd respondent has initiated proceedings for assessing contributions due from the petitioner towards motor transport workers welfare fund. Notice was issued to the petitioner directing him to appear on 28.10.2009 in the proceedings for passing final determination order. The petitioner did not appear on that day, which according to him, was because of ailment. The petitioner now apprehends that without giving the petitioner another opportunity to present his case, the 2nd respondent may pass final determination order. According to the petitioner, the petitioner has valid documents in his possession, which would prove the contentions of the petitioner. 2. The counsel for the respondents opposes the contentions of the petitioner. According to him, the petitioner himself abstained from appearing before the 2nd respondent after receipt of the notice and therefore, he is not entitled to any indulgence in the matter. 3. I have considered the contentions of the parties. 4. Now that no orders have yet been passed by the 2nd respondent, I feel that the petitioner can be given another opportunity to appear and adduce evidence in support of his case. The petitioner 2 shall appear before the 2nd respondent on 20.11.2009, with all evidence in support of his contentions ready for arguing the matter. The 2nd respondent shall consider the petitioner's case on that day or if that day is inconvenient to the 2nd respondent, on an adjourned day and pass final orders. However, the petitioner shall not seek any adjournment of the hearing and shall co-operate with the 2nd respondent in the proceedings. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge