IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 OP.No. 13723 of 1998(H) ----------------------- PETITIONER(S): ---------------------- A. UMAIBA, CHARAMPARAMBIL HOUSE, ALLISSERY WARD, ALAPPUZHA BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE JOINT SECRETARY TO LABOUR, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND APPELLATE AUTHORITY, LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, H.O. HARIPAD, ALAPPUZHA. BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 13723 of 1998(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - COPY OF ASSESSMENT ORDER EA.127/FDO/90-91 DATED 18.5.1994 ISSUED BY THE 2ND RESPONDENT. EXT.P2 - COPY OF ASSESSMENT ORDER NO. EA.127/FDO/91-94 DATED 23.2.1995 ISSUED BY THE 2ND RESPONDENT. EXT.P3 - COPY OF APPEAL PETITION DATED 24.7.1994 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4 - COPY OF APPEAL PETITION DATED 2.5.1995 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5- COPY OF RECEIPT DATED 27.10.1994 ISSUED BY THE STATE BANK OF TRAVANCORE. EXT.P6 - COPY OF RECEIPT DATED 10.7.1995 ISSUED BY THE STATE BANK OF TRAVANCORE. EXT.P7 - COPY OF ORDER G.O.(Rt) NO.93/98/LBR DATED 12.1.1998 ISSUED BY THE 1ST RESPONDENT. EXT.P8 - COPY OF ORDER G.O.(Rt) NO. 2651/95/LBR DATED 18.11.1995 ISSUED BY THE 1ST RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... O.P. No. 13723 of 1998 ................................................. Dated this the 18th day of September, 2009 J U D G M E N T The petitioner is a stage carriage operator. His establishment is a motor transport undertaking as defined in the Kerala Motor Transport Workers Welfare Fund Act. Therefore he is liable to pay contributions in respect of his employees under the Act. On 1999, by Ext.P1 final determination order, he was assessed to contribution. For further periods upto 94 also the petitioner was assessed to contributions by Ext.P2 final determination order. The petitioner challenged those orders before the appellate authority, which resulted in Ext.P7 order. Earlier the petitioner had filed appeals against final determination orders for the years 87 to 90 which was also rejected by Ext.P8 order. Petitioner has filed this original petition challenging those orders. However, when the matter was taken up for hearing, the counsel for the petitioner confines his prayer for permission to pay off the balance amounts due in installments. Taking into account the facts and circumstances of W.P(C) No. 13723 of 2009 -2- the case, I dispose of this writ petition with a direction to the 2nd respondent to permit the petitioner to pay off the balance amounts due as per the impugned orders in seven equal monthly installments starting from 1.10.2009. Every subsequent installment shall be paid on the first working day of every succeeding month. If the petitioner pays the installments without default coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one of installment it would be open to the respondents to recover the entire amounts due in a lumpsum by initiating coercive proceedings. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs