IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 9828 of 2004(T) ------------------------- PETITIONER: ------------ NISSAR P.M., PERINGATTIL HOUSE, VADAVUKODE, KANGARAPPADY. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFRARE FUND BOARD, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (R.R), KANAYANNUR TALUK, ERNAKULAM. 3. THE VILLAGE OFFICER, TRIKKARA NORTH, KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 R2 AND R3 BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FINAL DETERMINATION ORDER NO. EE-1077/FDO/2001-02 DATED 23.5.2003 ISSUED BY THE FIRST RESPONDENT. EXT.P2 SERIES. EXT.P2(a) TRUE COPY OF THE AFFIDAVIT DATED 3.1.2004 SUBMITTED BY SRI. AHAMMED BEFORE THE 1ST RESPONDENT. EXT.P2(b) TRUE COPY OF THE AFFIDAVIT DATED 3.1.2004 SUBMITTED BY SRI. SALIM BEFORE THE 1ST RESPONDENT. EXT.P2(c) TRUE COPY OF THE AFFIDAVIT DATED 3.1.2004 SUBMITTED BY SRI. SAJEEVAN BEFORE THE 1ST RESPONDENT. EXT.P2(d) TRUE COPY OF THE AFFIDAVIT DATED 3.1.2004 SUBMITTED BY SRI. SAJEEVAN BEFORE THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT FOR RS. 16601/- FOR ALLEGED DUE FROM THE PETITIONER TOWARDS KERALA MOTOR TRANSPORT WORKERS WELFARE FUND IN RESPECT OF STAGE CARRIAGE KL.7/R 1366 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO.9828 OF 2004 -------------------------------------------- Dated this the 12th day of June, 2008 JUDGMENT Even though petitioner's case is that employees for whom motor workers welfare fund contribution is demanded were not employed by the petitioner, standing counsel for the Welfare Fund Board submitted that inspection was conducted in the vehicle on 23.4.2001 and it was noticed that four workers including one Subair were employed in the vehicle as workers. The said Subair gave statement that the other three workers found engaged in the vehicle were employees of the petitioner. Consequently preliminary determination order was issued to the petitioner, to which petitioner filed objections stating that it was a concern operated by family members. There is no provision to exempt family members from the purview of the Act. In other words, relations employed by the petitioner will be registrable and for whom petitioner is bound to pay contribution. Petitioner has also not filed appeal against final determination order. Consequently W.P. fails and is dismissed. However, petitioner is granted four equal monthly 2 instalments to clear the balance arrears, first of which will be paid on or before 25th July, 2008 and the balance on or before 25th of three succeeding months. However, if petitioner commits default in payment of any instalment, the instalment facility granted will stand automatically vacated and respondents will be free to proceed for recovery of the entire arrears due. (C.N. RAMACHANDRAN NAIR) Judge kk 3