IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 4051 of 2006(G) ------------------------- PETITIONER: ----------------- NARAYANAN, KANDANKULANGARA, POLPAKKARA P.O., EDAPPAL, MALAPPURAM. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ---------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALAKKAD. 3. THE DISTRICT COLLECTOR, MALAPPURAM. 4. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY), TALUK OFFICE, PONNANI, MALAPPURAM DISTRICT. BY GOVT. PLEADER SMT. SMITHA SUKUMAR ADVS. SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R2 SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 4051/2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE REGULAR PERMIT DATED 17.5.2002 EXHIBIT P2 : TRUE COPY OF THE FINAL DETERMINATION ORDER WITH ITS NO. EL- 1262/04-05 DATED 7.10.2005. EXHIBIT P3 : TRUE COPY OF THE RECEIPT DATED 31.10.2005. EXHIBIT P4 : TRUE COPY OF THE RECEIPT DATED 4.1.2006 EXHIBIT P5 : THE TRUE COPY OF THE DEMAND NOTICE DATED 22.12.2005. EXHIBIT P6 : THE TRUE COPY OF THE DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND DATED 22.12.2005. /TRUE COPY/ P.A. TO JUDGE. vkm C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.4051 of 2006 --------------------------------- Dated, this the 7th day of August, 2008 J U D G M E N T The writ petition is filed by petitioner representing his brother, who is registered owner of stage carriage. Since petitioner's brother is out of India, petitioner is managing the business. There is no dispute with regard to the liability to pay contributions under the Motor Transport Workers Welfare Fund Act for the employees engaged in the bus. However, petitioner's grievance is that the District Executive Officers under the Act both from Malappuram and Palakkad have proceeded for recovery. Learned standing counsel appearing for 1st respondent submitted that demand is raised from Malappuram for the years 2002-04. It is submitted that an inspection was carried on 04/10/2004 and based on the data gathered, demand is raised for four workers. Of course, demand could be recovered only if the workers are registered for the benefits under the Act. Since petitioner is stationed in Malappuram and business operations, though inter-district, are controlled from Malappuram, the authority to make assessment is the 1st respondent. The writ petition is, accordingly, disposed of directing 2nd respondent to transfer all the files pertaining to the details of WP(C) No.4051/2006 -2- petitioner to 1st respondent for him to demand motor transport workers welfare fund dues for all the years up to date. First respondent is directed to register all the employees and recover the arrears up to date. Petitioner will produce copy of the judgment before 1st and 2nd respondents for compliance. (C.N.RAMACHANDRAN NAIR, JUDGE) jg