IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 2822 of 2005(J) ------------------------- PETITIONER(S): --------------- M.A. MOHANA PAI, ASHA NIVAS, T.D. WEST GATE, MATTANCHERRY P.O., ERNAKULAM DISTRICT. BY ADV. . SMT.K.S.SAIRA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION (S) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS, WELFARE FUND BOARD, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (R.R.), KOCHI. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER G.O. (Rt.) NO. 394/2004/LBR DATED 13.2.2004 OF THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE RECEIPT DATED 5.10.1992 GIVEN TO THE PETITIONER BY P.K. MADHAVAN. EXT.P3 TRUE COPY OF THE NOTICE DATED 6.12.2004 OF THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N.RAMACHANDRAN NAIR, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2822 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2009 J U D G M E N T Petitioner is challenging demand of contribution towards Motor Transport Workers Welfare Fund dues from 1987 to 1990 contending that the employees for whom the demand is raised were partners. However, petitioner failed to produce the partnership deed before the lower authorities and even a copy is not available. Further learned standing counsel pointed out from Ext.P1 order that one of the employeeS at least gave statement that he was an employee working in the stage carriage FOR 14 years and was never a partner. I do not think there is any bonafides in the case of the petitioner because partnership remains unsubstantiated. Recovery is therefore possible, from the petitioner. W.P.C is accordingly dismissed. C.N.RAMACHANDRAN NAIR, JUDGE app/-