IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WA.No. 512 of 2007() -------------------- AGAINST THE JUDGEMENT IN OP.24068/1999 Dated 10/10/2006 .................... APPELLANT(S)/3RD RESPONDENT: ------------------------------------------------ T.P.MOHANDAS, THAIPARAMBIL HOUSE, CHEERAMCHIRA, CHANGANACHERRY. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S)/PETITIONER & 1ST & 2ND RESPONDENT: --------------------------------------------------------------------------------- 1. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOTTAYAM. ADDL. R4 TO R7 IMPLEADED. ADDL.R4. SHRI K.R. RAMACHANDRAN, 'ARAM', ADICHIRA, KUTTOOR, THIRUVALLA 689 106. ADDL.R5. SHRI ABRAHAM THOMAS, PULLANAPPALLIL, S.H. MOUNT P.O., KOTTAYAM. ADDL.R6. SHRI. P.H. SHAJAHAN, CHETTISSERIL, PERUMPAYIKAD, MUDIYURKARA, KOTTAYAM. ADDL.R7. SHRI. VARGHESE MATHEW, CHOORAKKUNNEL HOUSE, CHEERANCHIRA P.O., CHANGANACHERRY. ADDL. R4 TO R7 IMPLEADED VIDE ORDER DATED 16.3.2007 IN I.A.172/2007. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1,&3. SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R1 SRI.JOMY GEORGE FOR ADDL.R7 SRI.T.P.PRADEEP FOR ADDL.R4 SRI.VIJAI MATHEWS FOR ADDL.R6 BYGOVERNMENT PLEADER SMT. K. MEERA FOR R2 SRI.A.K.ABDUL AZEEZ FOR R5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag. CJ. & P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL No. 512 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009. JUDGMENT KOSHY, Ag.CJ, Government of Kerala, in an appeal from an order of the District Eexecutive Officer, Kerala Motor Transport Workers Welfare Fund Board, passed Ext.P14 order. Final determination order was for the period from 1990-91 till 1994-95. Five orders were questioned by the third respondent before the Government. Sri.T.P. Mohandas, third respondent, appellant herein, was absolved of his liabilities for payment to the Motor Transport Workers Welfare Fund in respect of stage carriages KRO-162, KLI-7147 and KCE-7730 fixed by the District Executive Officer, Kottayam in the final determination orders. That order was challenged in the writ petition by the Welfare Fund Board. The learned Single Judge was of the opinion that the appeal, which resulted in Ext.P14 order may be time barred. But the learned Judge found that the appeal was entertained by the Government and the person in ultimate charge of the affairs of the bus can be charged with the liability. The third respondent, who did not challenge Ext.P14 order WA.512/2007. 2 contended that he had sold the vehicle before the assessment period. The learned Judge disposed of the writ petition and held as follows: “The person in ultimate control of the vehicle is responsible to pay the contribution. It cannot be said that the permit holder does not have control over the vehicle in the facts and circumstances of the case. Yet another contention of the third respondent is that there were two others involved in the operation. Apparently, the petitioner might have proceeded against those persons and realised the contribution also. If that be so, the third respondent need not be disturbed. Therefore, this original petition is disposed of making it clear that Ext.P14 order passed by the Government shall not stand in the way of the petitioner realising any contribution in respect of the vehicles referred to above, from the permit holder of the vehicle during the relevant period, in the peculiar facts and circumstances of the case.” 2. Third respondent filed the writ appeal. There was no finding by the learned Single Judge that proceedings should be taken against the third respondent. The learned Judge did not set aside Ext.P14 order, but made it clear that Ext.P14 shall not stand in the way of the Board realising any contribution in respect of the vehicles from the permit holder of the vehicles during the relevant period. If the third respondent was not WA.512/2007. 3 the permit holder of the vehicles or in control of the vehicles during the relevant period, no proceedings can be taken against him for recovery of the arrears. We make it clear that while implementing the judgment and realising the arrears from the person in charge of the vehicle or the permit holder, whoever it may be, they will be entitled to get notice of show cause from the authority concerned followed by an opportunity for hearing. The writ appeal is disposed of as above. J.B. KOSHY, ACTING CHIEF JUSTICE P. BHAVADASAN, JUDGE sb.