IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 32754 of 2006(Y) -------------------------- PETITIONER: ------------ K.K. MUSTHAFA, KURULIKKUNI VEEDU, KADALOOR P.O., KOILANDY, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKDERS WELFARE FUND BOARD, KOZHIKODE. 2. THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION (R) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 SRI.PAULSON C. VARGHESE, STANDING COUNSEL FOR R1. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32754 of 2006(Y) APPENDIX PETITONER'S EXHIBITS: EXT.P1: PROVISIONAL DETERMINATION ORDER NO.B4/EZ/1592/01-04 DTD.15.12.2004 ISSUED BY R1. EXT.P2: AFFIDAVIT OF SRI.P.ABDULLA, EMPLOYEE OF THE PETITIONER. EXT.P3: AFFIDAVIT OF SRI.P.P.MUHAMMED KOYA, EMPLOYEE OF THE PETITIONER. EXT.P4: AFFIDAVIT OF SRI.K.K.RASHEED, EMPLOYEE OF THE PETITIONER. EXT.P5: AFFIDAVIT OF SRI.SALIM.P.K., EMPLOYEE OF THE PETITIONER. EXT.P6: AFFIDAVIT OF SRI.SAYED ABDUL RASHEED, EMPLOYEE OF THE PETITIONER. EXT.P7: FINAL DETERMINATION ORDER NO.B4/EZ/1592/01-04 DTD. 16.03.2005 ISSUED BY R1. EXT.P8: APPEAL FILED BY THE PETITIONER BEFORE R2 ON 24.05.2005. EXT.P9: ORDER NO.G.O.(RT)NO.2573/05/LBR DTD. 06.09.2005 ISSUED BY R2. EXT.P10: FINAL DETERMINATION ORDER NO.B4/EZ/1592/01-04 DTD. 17.12.2005 ISSUED BY R1. RESPONDENT'S EXHIBITS: NIL. .... // TRUE COPY // P.A. TO JUDGE. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.32754 OF 2006 --------------------------------------- Dated this the 5th day of September, 2008. J U D G M E N T Petitioner approached this Court aggrieved by the proceedings taken for recovery of the contribution to the Kerala Motor Transport Workers Welfare Fund. It is seen that the petitioner had pursued his remedy before the appellate authority and the appellate authority has considered the matter leading to Exhibit P9 order. It is fairly clear from the order that the appellate authority has adverted to the contentions taken by the petitioner regarding the engagement of the workers for 13 days and has passed the impugned order. Therefore, there is no basis for the contention that there is no consideration of the matter on merits. 2. In the above circumstances, there is no merit in the case. This writ petition is dismissed making it clear that petitioner shall be permitted to pay the amount in ten equal monthly installments starting from the month of October 2008. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 32754 OF 2006 J U D G M E N T 05.09.2008