IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 15235 of 2010(D) -------------------------- PETITIONER: --------------- V. KRISHNAN, S/O. VELU, AGED 55 YEARS, KEERTHY TRAVELS, 15/722, KUNATHURMEDU, PALAKKAD. BY ADV. MR.BINOY VASUDEVAN MRS.P.G.BABITHA RESPONDENTS: --------------- 1. THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM, REPRESENTED BY ITS CHAIRMAN. 2. THE EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALAKKAD. ADV. MR.P.RAMAKRISHNAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. --------------------------------------- W.P.(C) No.15235 of 2010 --------------------------------------- Dated this the 20th day of May, 2010 J U D G M E N T The petitioner is the Managing partner of M/s. Keerthy Travels, Palakkad. He is the registered owner of a number of goods carriages as well as contract carriages. He has been remitting contributions under the Kerala Motor Transport Workers Welfare Fund Act, 1961 towards the welfare fund that has been established for the benefit of the workmen. According to the petitioner, he is remitting the contributions of the employer regularly whereas the workmen have not been remitting their contributions. Therefore, it is submitted that the workmen are not eligible to the benefits of the scheme. In view of the above, he has requested for the return of the amounts remitted by him as welfare fund contributions. He has submitted Exhibit P6 before the first respondent detailing his grievance and requesting for refund of the W.P.(C) No.15235 of 2010 2 amounts remitted by him. The petitioner complains that no orders have been passed on Exhibit P6 till date. 2. Adv. Sri. P.Ramakrishanan who appears for the first respondent points out that as per para.38(4) of the scheme, in cases where the employees default in payment of their contribution, the employer's contribution is required to be credited to the “other welfare measures fund account” at the end of the financial year. In view of the above provision, it is contended that the petitioner is not entitled to refund of the amount paid by him as employer's contribution. Therefore, his request under Exhibit P6 is not liable to be granted. 3. In view of the fact that Exhibit P6 is pending consideration before the first respondent, I do not want to say anything about the respective contentions advanced before me. It is sufficient that, this writ petition is disposed of directing the first respondent to consider and pass orders on Exhibit P6 without delay. W.P.(C) No.15235 of 2010 3 4. In the above circumstances, this writ petition is disposed of directing the first respondent to consider Exhibit P6 in accordance with law and to pass appropriate orders there on as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE. rkc