IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 12591 of 2004(Y) -------------------------- PETITIONER(S): --------------- ABDUL KHADER, S/O. MOHAMMEDKUTTY, 20/261, PUTHUPALLY STREET, PALAKKAD. BY ADV. SRI.M.V.PAULOSE SRI.R.MURALIDHARAN (AROOR) RESPONDENT(S): --------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALAKKAD. 2. THE SECRETARY TO GOVT., LABOUR AND REHABILITATION DEPARTMENT/APPELLATE AUTHORITY, MOTOR TRANSPORT WORKERS WELFARE FUND, TRIVANDRUM. ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 12591 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of May, 2010. J U D G M E N T The petitioner was assessed to contribution under the Motor Transport Workers Welfare Fund Act by Ext. P2 order dated 13-3- 2001. Against the same, the petitioner filed Ext. P3 appeal dated 19- 1-2004. By Ext. P4, that appeal was dismissed by the Government on the ground that the appeal is barred by limitation and there is no provision for condonation of delay. The petitioner challenges Exts.P2 and P4 orders. 2. It is settled law that proceedings under Article 226 of the Constitution of India cannot be invoked for the purpose of resurrecting a cause of action, which has already become barred by limitation. In any event, the petitioner has not been able to explain the long delay of three years by any convincing reasons. In view of the same, I do not find any infirmity in the orders impugned. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/