IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 33666 of 2004(G) ------------------------------------- PETITIONER: ------------------ M.M.ABDUL KAREEM, MATATHUMPADIKKAL HOUSE, CHERANELLOOR, KOCHI. BY ADV. SRI.P.RAVINDRAN (SR.) RESPONDENTS: ------------------------ 1. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO LABOUR DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. MOHAMMED ALI, S/O. ABDUL RAHIMAN, VAZHAYIL HOUSE, CHERANELLOOR, KOCHI-34. 4. GURUVARAN, S/O. KESAVAN, VADAKKEDATH HOUSE, CHERANELLOOR, KOCHI-34. 5. P.S.MOHANAN, S/O. SREEDHARA PANICKER, SOUPARNIKA VEETTIL, EDAPPALLY NORTH, KOCHI-24. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3366/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE FINAL DETERMINATION ORDER DT. 30.12.2000. EXT.P2;- COPY OF THE APPEAL MEMORANDUM DT. 13.2.01. EXT.P3:- COPY OF THE FINAL DETERMINATION ORDER DT. 30.4.2001. EXT.P:- COPY OF THE APPEAL MEMORANDUM DT. 11.6.01. EXT.P5:- COPY OF THE ORDER OF THE 2ND RESPONDENT DT. 20.2.03. EXT.P6:- COPY OF THE ORDER OF THE 2ND RESPONDENT DT. 24.2.03. EXT.P7:- COPY OF THE JUDGMENT IN OP. NO.8366/2003 DT. 18.3.03. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.33666 of 2004 ---------------------------------------------- Dated 22nd August, 2008. J U D G M E N T The subject matter of the writ petition pertains to the liability of the petitioner to pay contribution to the Kerala Motor Transport Workers Welfare Fund. As far as Ext.P6 is concerned, it is fairly clear that there is no basis for the contentions taken by the petitioner since both the original authority as well as the appellate authority have gone into the facts after affording an opportunity for hearing to the petitioner also. Therefore, there is no point in upsetting those factual matrix by this court, in exercise of the power under Article 226 of the Constitution of India. As far as Ext.P5 order is concerned, the vehement contention is that after the original order has been passed, there is no provision under Section 8 of the Kerala Motor Transport Workers Welfare Fund Act, enabling the Executive Officer to pass another order. But the fact remains that any authority vested with a statutory power is entitled to pass an order correcting the mistake, if any that has crept into the original order. It is fairly clear from the facts as stated in Ext.P5 order that WP(C) NO.33666/04 2 it is all that what has been done in Ext.P5 order. The original order leading to Ext.P5 happened to be passed in rectification of the mistake. The factual and legal position being as above, there is no merit in the writ petition. It is dismissed. Learned counsel appearing for the petitioner submits that he may be granted liberty to pay the outstanding dues in instalments. It is made clear that the petitioner shall be permitted to pay the dues in seven equal monthly instalments, starting from the month of September, 2008. Needless to say, till the liability is cleared as above, the security shall be kept alive. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.33666 of 2004 ---------------------------------------------- J U D G M E N T Dated 22nd August, 2008.