IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 13892 of 2004(D) -------------------------- PETITIONER: ------------ K.K. JAMAL, PATTEKKAD, IDAYAKKUNNAM, CHITTOOR P.O. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. GOVERNMENT OF KERALA REPRESENTED BY THE COMMISSIONER AND SECRETARY TO LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 R2 AND R3 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FINAL DETERMINATION ORDER DATED 31.1.2001 EXT.P2 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER DATED 20.3.2001 EXT.P3 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 26.3.2001 EXT.P4 TRUE COPY OF THE CHALAN RECEIPT DATED 19.5.2001 EXT.P5 STRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 23.2.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 13892 OF 2004 -------------------------------------------- Dated this the 20th day of June, 2008 JUDGMENT Petitioner's liability towards Motor Transport Workers Welfare fund stands confirmed in appeal. Petitioner has paid 25% of the arrears before filing the appeal and subsequently another 15% was paid under interim orders of this Court. Counsel submitted that petitioner closed the business long back and is in financial difficulties. However, petitioner undertakes to clear the balance liability in 15 instalments. Therefore W.P. is disposed of granting instalment facility to the petitioner to clear the balance arrears in 15 equal monthly instalments, first of which will be paid on or before 25th July, 2008 and the balance on or before 25th of 14 succeeding months. If petitioner commits default in payment of any instalment, the instalment facility granted herein will stand automatically cancelled and respondents will be free to proceed for recovery of the entire amount due through coercive steps. Recovery proceedings will be kept in abeyance for payments as above. If payments are made as above, then no collection charges will be recovered from the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 2