IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 27396 of 2002(J) ----------------------- PETITIONER: ------------ FATHIMA. K., D/O. ALI, AGED 60 YEARS, VADAKETHODI HOUSE, MANJERI. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE ENGINEER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND REHABILITATION (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE TAHSILDAR (REVENUE RECOVERY), MANJERI. R2 AND R3 BY GOVERNMENT PLEADER SRI. K.P. PRADEEP R1 BY ADV. SRI.P.RAMAKRISHNAN SC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 46496 /02 & IA 15749/03 IN CMP 46496/02 IN OP 27396 OF 2002 DISMISSED 4.1.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FINAL DETERMINATION ORDER PASSED BY THE FIRST RESPONDENT ON 8.11.2000 EXT.P2 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14.12.2001 EXT.P3 TRUE COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DATED 2.1.2002 EXT.P4 TRUE COPY OF REVENUE RECOVERY NOTICE RECEIVED BY THE PETITIONER FROM THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 27396 OF 2002 -------------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Petitioner is challenging assessment and demand of motor transport workers welfare fund contribution on the ground that the beneficiaries for whom demand is made are none other than her children. The contribution demanded is for a stage carriage run by the petitioner. The final determination order demanding contribution for two workers is prima facie unacceptable because with two employees a vehicle cannot be operated. Therefore no adequate enquiry was conducted about the operation of the vehicle is evident from the demand for two workers. Even though standing counsel for the Welfare Fund Inspector submitted that petitioner offered to make contribution for their children, there is nothing to indicate that two employees who are sons of the petitioner are registered workers engaged in the stage carriage on regular basis. In the circumstances, O.P. is disposed of directing respondents to verify whether two sons of the petitioner for whom demand is raised are registered and whether 2 they continue to be members of the Fund and if so demand can be recovered from the petitioner. However, if those two persons have discontinued to be members and their employment was only for a limited period of operation by the petitioner, they should be removed from the list, if they request for, and in that event, demand of contribution against the petitioner should be withdrawn. (C.N. RAMACHANDRAN NAIR) Judge 3