IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 27272 of 2003(V) --------------------------------------- PETITIONER: ------------------- E.V.PAVITHRAN, PREM NIVAS, KANAL ROAD, N.PARUR. BY ADV. SRI.I.DINESH MENON. RESPONDENTS: ----------------------- 1. THE COMMISSIONER AND SECRETARY, LABOUR DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, N.PARUR. 4. M.G.JOY, MANULLIL HOUSE, VYTTILA P.O., ERNAKULAM. R1 & R3 BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR .K.J, R2 BY ADV. SRI. P. RAMAKRISHNAN, SC, R4 BY ADV. SRI.P.K.MURALEEDHARAN, ADV. SRI.C.DEVANAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27272/2003-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FINAL DETERMINATION ORDER DTD. 31/07/2001. EXT.P.2: COPY OF THE STOP MEMO DTD. 01/01/1998. EXT.P.3: COPY OF THE RELEVANT PAGE OF RC BOOK OF KL-7 Q 5427. EXT.P.4: COPY OF THE APPEAL DTD. 23/10/2001 WITHOUT ANNEXURES. EXT.P.5: COPY OF THE ORDER DTD. 29/04/2003.\ EXT.P.6: COPY OF THE REVENUE RECOVERY NOTICE U/S. 7 DTD. 04/08/2003. EXT.P.7: COPY OF THE REVENUE RECOVERY NOTICE U/S. 33 DTD. 04/08/2003. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE AGREEMENT DTD. 03/11/1994. EXT.R4.B: COPY OF THE RTA PROCEEDING DTD. 20/01/1995. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.27272 OF 2003 --------------------------------------- Dated this the 5th day of November, 2008. J U D G M E N T Petitioner is the operator of five stage carriage vehicles. The issue raised in this writ petition pertains to the dispute regarding contribution to Kerala Motor Transport Workers Welfare Fund. It is seen that the petitioner was granted an opportunity to adduce evidence and to substantiate his contentions before the second respondent-District Executive Officer. But the petitioner did not avail that opportunity though he had filed objections and produced documents. In that view of the matter, the appellate authority also rejected the appeal. 2. The vehement submission of the petitioner is for another opportunity before the District Executive Officer submitting that he was not actually granted an opportunity by the second respondent. Sri.P.Ramakrishnan, Standing Counsel for the Kerala Motor Transport Workers Welfare Fund Board, submits that it is the petitioner who did not co-operate with the enquiry W.P.(C) No.27272/03 2 and having not utilized the chance given to him, there is no point in granting another opportunity to him. 3. Having regard to the various contentions raised by the parties, I am of the view that it is only in the interests of justice that another opportunity is given to the petitioner on terms. Accordingly, this writ petition is disposed of as follows: Petitioner may present himself with whatever evidence he wishes to adduce and with witnesses, if any, before the second respondent on 12.12.2008, on which date the second respondent shall grant further opportunity to him to adduce evidence. However, it is made clear that the benefit as above is given on condition that the petitioner shall pay cost to the tune of Rs.3,000/- (Rupees three thousand only) to the second respondent before that date. In the event of the petitioner complying with the above conditions, ignoring the orders already passed by the second respondent as well as the appellate authority, the matter shall be considered afresh by the second respondent and required orders in the matter will be passed W.P.(C) No.27272/03 3 before 31.12.2008. There shall be no recovery till such time in case the petitioner has already complied with the conditions. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.27272/03 4 KURIAN JOSEPH, J. W.P.(C) No.27272 OF 2003 J U D G M E N T 05.11.2008