IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 12554 of 2004(T) -------------------------- PETITIONER: PETITIONER ---------------------- ABDUL KHADER, S/O.MOHAMMEDKUTTY, 20/261, PUTHUPALLY STREET, PALAKKAD. BY ADV. SRI.M.V.PAULOSE RESPONDENTS: RESPONDENTS ------------------------ 1. THE DIST.EXECUTIVE OIFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALAKKAD. 2. THE SECRETARY TO GOVT., LABOUR AND REHABILITATION DEPARTMENT/ APPELLATE AUTHORITY, MOTOR TRNASPORT WORKERS WELFARE FUND, TRIVANDRUM. BY ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.12554/2004 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE REGISTRATION PARTICULARS ISSUED BY THE ASST.REGISTERING AUTHORITY, PALAKKAD DT. 6.1.1988. EXT.P2 : TRUE PHOTOCOPY OF THE ASSESSMENT ORDER DT. 8.2.2001 ISSUED TO THE PETITIONER. EXT.P3 : TRUE COPY OF THE APPEAL PRODUCED BY THE PETITIONER DT. 24.3.2001. EXT.P4 : TRUE COPY OF THE CHALAN DT. 2.6.2001. EXT.P5 : TRUE COPY OF THE LETTER PRODUCED BY THE PETITIOENR DT. 16.8.2003. EXT.P6 TRUE COPY OF THE ORDER NO.GO (RT) NO.2436/03/LBR DT. 29.8.2003. EXT.P7 TRUE COPY OF THE ORDER NO.1567/S3/04/LBR DT. 4.2.2004. EXT.P8 TRUE COPY OF THE EVIDENCED BY CERTIFICATE ISSUED BY RUKMANI POLY CLINIC DT. 6.1.2004. KURIAN JOSEPH, J. ---------------------------------------------- Writ Petition(Civil) No.12554 of 2004 ---------------------------------------------- Dated 1st February, 2008. J U D G M E N T Petitioner is aggrieved by the steps taken under the provisions of the Kerala Motor Transport Workers Welfare Fund Act. Ext.P6 is the appellate order. It is seen that the order happened to be passed since the petitioner did not appear on the dates posted for hearing. After having gone through the averments in the writ petition, which are not controverted, I am of the view that it is only in the interests of justice that the appellate authority gives a fresh opportunity for hearing to the petitioner. Accordingly, Ext.P6 is quashed. There will be a direction to the petitioner to appear before the appellate authority on 7.4.2008 along with a copy of this judgment, on which date, the petitioner shall be afforded an opportunity for hearing by the appellate authority. Appropriate orders in accordance with law in the matter will be passed by the said authority within another two months. There shall be no recovery till such time. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Writ Petition(Civil) No.12554 of 2004 ---------------------------------------------- J U D G M E N T Dated 1st February, 2008.