IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 7875 of 2004(K) ------------------------- PETITIONER: ------------ BHASKARAN, AGED 41 YEARS, S/O. CHATHU, THALIKANDIMEETHAL VEEDU, MAYYANNOOR P.O., VATAKARA. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY COMMISSIONER AND SECRETARY TO GOVERNMENT LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE-11. 3. P. JAMEELA, W/O. LATE MOHAMMED PUTHIYOTTIL HOUSE, PUDUPPANAM P.O., VATAKARA. 4. DEPUTY TAHSILDAR, REVENUE RECOVERY OFFICE, MINI CIVIL STATION, VADAKARA. R1 AND R4 BY G.P. SMT. SMITHA R2 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RELEVANT PART OF THE RC BOOK PARTICULARS OF STAGE CARRIAGE KRC 7112 EXT.P2(1) AND p2(2) TRUE COPIES OF THE ENQUIRY NOTICES DATED 4.4.2002 AND 23.7.2003 EXT.P3 TRUE COPY OF THE DEMAND NOTICE DATED 21.11.2003 EXT.P4 TRUE COPY OF THE NOTICE DATED 23.1.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 7875 OF 2004 -------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT Admittedly petitioner is the operating owner of the stage carriage even though third respondent is the registered owner. Therefore motor workers welfare fund contribution can be recovered from the petitioner. If the petitioner has any dispute against the quantum assessed, petitioner can collect the final determination order and file appeal before the Government. W.P. is accordingly disposed of directing the fourth respondent to proceed for recovery against the petitioner, if arrears are not paid. (C.N. RAMACHANDRAN NAIR) Judge kk 2