IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 31777 of 2005(G) ------------------------------------- PETITIONER: ------------ K.K.BHANUMATHI, W/O.LATE KUMARAN, PROPRIETRESS, PREYAGA BUS SERVICE, CHALISSERY.P.O, OTTAPPALAM-679 536, PALAKKAD DISTRICT. BY ADV. SMT.SUMATHI DANDAPANI (SR.) RESPONDENTS: ---------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKER'S WELFARE FUND BOARD, PALAKKAD-678 001. 2. THE SECRETARY, DEPARTMENT OF LABOUR AND REHABILITATION (S) DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).31777/2005-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 14/06/2002 OF THIS HONOURABLE COURT IN O.P. NO.15996/2002. EXT.P2: COPY OF THE ORDER DATED 27/11/2002 FOR RS.23,192/- ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P2(a):COPY OF THE DETAILS OF EXT.P2 DATED 27/11/2002 FOR RS.23,192/- ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE ORDER DATED 02/12/2002 FOR RS.24,096/- ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P3(a):COPY OF THE DETAILS OF EXT.P3 FOR RS.24,096/- DATED 02/12/2002 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE APPEAL DATED 07/02/2003 PREFERRED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P5: COPY OF THE DETAILS OF ATTENDANCE, WAGES, WELFARE CONTRIBUTION ETC. OF THE EMPLOYEES OF THE PETITIONER PREPARED BY THE PETITIONER AND SUBMITTED BEFORE THE FIRST AND SECOND RESPONDENTS. EXT.P6: COPY OF THE ORDER NO.GO(Rt).NO.194/05/LBR DATED 13/07/2005 ISSUED BY THE SECOND RESPONDENT TO THE PETITIAONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.31777 of 2005 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Petitioner is aggrieved by the proceedings initiated under the provisions of the Kerala Motor Transport Workers Welfare Fund Act. According to the petitioner, the entire contribution due from her had been remitted and there is no consideration of the same by the first respondent with relevant records. The appellate authority, it is seen from Ext.P6 order, has gone by whatever is stated in the report of the first respondent. Having gone through the materials produced in the writ petition, I am of the view that the matter requires fresh consideration by the first respondent with reference to the records and with notice to all the parties. Therefore, the impugned orders are quashed with a direction to the petitioner to appear before the first respondent on 15.9.2008 with all the relevant records, on which date, the first respondent shall consider the matter with notice to the petitioner and thereafter, conduct appropriate enquiry with notice to any other affected party. Appropriate orders in the matter will be passed within another three months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.31777 of 2005 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.