IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 W.A.No. 1912 of 2009 --------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21223/2009 Dated 28/07/2009 .................... APPELLANT(S): PETITIONER --------------------------------------------- FR.MATHEW NARIKKUZHI, MANAGER, HARITHA CASHEWS, KUNNOTH, KILIYANTHARA P.O., KANNUR DISTRICT- 670 706. BY ADV. SRI.GEORGE MECHERIL RESPONDENT(S): RESPONDENTS ------------------------------------------------------ 1. THE INSPECTOR, KERALA CASHEW WORKERS' RELIEF & WELFARE FUND BOARD IRINJALAKKUDA. 2. THE CHIEF EXECUTIVE OFFICER, KERALA CASHEW WORKERS RELIEF AND WELFARE FUND BOARD, KOLLAM. BY STANDING COUNSEL SRI.M.K.CHANDRAMOHANDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1912 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of August 2009 JUDGMENT A.K.BASHEER, J. Appellant who claims to be the Manager of M/S Haritha Cashews, Kunnoth, Kiliyanthara in Kannur district has preferred this writ appeal impugning the judgment passed by the Learned Single Judge. 2. In the writ petition, appellant/petitioner had sought for quashing Ext.P6 final assessment order passed by the competent authority under the Kerala Cashew Workers Relief and Welfare Fund Act, 1979 and the Schemes framed thereunder. 3. In the nature of the order that we propose to pass, it is not necessary for us to delve deep into the entire matter or to deal with the various contentions raised by the appellant as regards the tenability of the order. 4. By Ext.P3 notice issued by respondent No.1, appellant was directed to show cause why prosecution shall not be initiated against him for violation of the provisions of the Act. But curiously a provisional determination order dated, June 1, 2009 was also sent along with Ext.P3 notice informing the appellant that final determination order will be passed, if sufficient cause was not shown within seven days from the date W.A.No.1912 OF 2009 :: 2 :: of receipt of the provisional determination order. Appellant has got a specific case that the show cause notice and provisional order were received only on the last day of the month of June. It can be seen from Ext.P4 postal cover that it was posted only on June 23, 2009. Though the appellant requested to grant him a short further time, respondent No.1 passed Ext.P6 final determination order on July 6, 2009 without affording the appellant any opportunity of being heard. 5. Having perused the materials placed before us, we have no hesitation to hold that there is grave infraction of the rules of natural justice. We are satisfied that the appellant has to be afforded sufficient opportunity before any liability is fastened on him. Therefore, Ext.P6 order is quashed. The competent authority shall issue fresh notice to the appellant and afford him sufficient opportunity to be heard before any orders are passed. We make it clear that we have not considered the merit of any of the contentions raised by the appellant/petitioner. Writ appeal is disposed of. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes