IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 11806 of 2005(E) -------------------------- PETITIONER: ------------------- V.K.MOHANAN, AGED 56, S/O.KUNJAN VELU, VEZHAKKATTU HOUSE, PERUMBADAPPU, COCHIN-682 006. BY ADV. SRI.N.M.MOHAMMED AYUB. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR & REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA MOTOR TRANSPORT WORKER'S WELFARE FUND BOARD, REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER, ERNAKULAM DISTRICT, PALARIVATTOM, KOCHI-682 025. GOVT. PLEADER SRI. MOHAMMED ANZAR FOR R1, ADV. SRI.P.RAMAKRISHNAN, SC,KMTWWF BOARD FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11806/2005-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. G.O. 2675/97/LBR, DTD. 23/09/1997 OF GOVERNMENT OF KERALA. EXT.P.2: COPY OF THE ORDER NO. EE.853/FDO/90-91 DTD. 18/03/2002 OF DISTRICT EXECUTIVE OFFICER, MOTOR WORKERS WELFARE BOARD. EXT.P.3: COPY OF THE ORDER NO. EE.853/FDO/2001-2002 DTD. 18/06/2002 OF DISTRICT EXECUTIVE OFFICER, MOTOR WORKERS WELFARE BOARD. EXT.P.4: COPY OF THE CHALAN DTD. 14/06/2002 ISSUED BY CANARA BANK. EXT.P.5: COPY OF THE ORDER NO. 48/2005/LBR, DTD. 03/01/2005, ISSUED BY GOVERNMENT OF KERALA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.11806 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T Petitioner is aggrieved by the proceedings initiated against him in the matter of contribution to Kerala Motor Transport Workers Welfare Fund. It is seen that the appellate authority has remanded the matters to the second respondent for de novo consideration. 2. Petitioner submits that the factual position which has attained finality in Exhibit P1 will also have to be considered by the second respondent. It is also submitted that there is a decision in favour of the petitioner in Rajendran Nair vs. State of Kerala (2002(3)KLT 76). This writ petition is disposed of making it clear that the second respondent shall advert to the contentions taken by the petitioner, particularly the two referred to above, while disposing the matter as directed by the appellate authority. Needless to say that the petitioner will be afforded an opportunity W.P.(C) No.11806/05 2 for hearing before passing the order. Interim order passed by this Court will continue till such time. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.11806/05 3 KURIAN JOSEPH, J. W.P.(C) No. 11806 OF 2005 J U D G M E N T 15.10.2008