IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25685 of 2008(G) -------------------------- PETITIONER: ------------ T.P.BABU, AGED 35 YEARS, S/O. KUNHAMBU NAMBIAR, THALAPPANPULIYULLA VEETTIL, P.O.MORAZHA, KANNUR DISTRICT. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR. 2. THE APPELLATE AUTHORITY (LABOUR & REHABILITATION (S) DEPARTMENT) UNDER K.M.T.W.W.F.ACT,REPRESENTED BY JOINT SECRETARY TO GOVERNMENT THIRUVANANTHAPURAM 3. SPECIAL DEPUTY TAHSILDAR (RR) TALIPARAMABA. 4. VILLAGE OFFICER, MORAZHA VILLAGE DHARMASHALI, TALIPARAMBA TALUK. 5. P.T.MURALEEDHARAN, S/O.KUNHIRAMAN NAMBIRA, KAIPPRATH HOUSE KUNNIMANGALAM, KANNUR DISTRICT. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.25685 of 2008 ================== Dated this the 28th day of August, 2008 J U D G M E N T This writ petition came up on 26.8.2008 on which date, a request was made on behalf of the counsel for the petitioner for adjournment to today. Accordingly, it was adjourned to today. Today there is nobody representing the counsel for the petitioner. Therefore, I heard the standing counsel appearing for the respondents. 2. The petitioner is challenging revenue recovery proceedings for recovery of contributions under the Motor Transport Workers' Welfare Fund Act. The petitioner was assessed to contributions as per Ext.P3 final determination order. Detailed reasons are stated in Ext.P3 for making assessment of contributions as done in Ext.P3. The petitioner challenged the same in appeal, which was dismissed by Ext.P5 order on 9.7.2007. The petitioner is challenging that order in this writ petition after a period of one year. There is no convincing explanation for the long delay. Before the Government also, the w.p.c.25685/08 2 petitioner or his representative did not appear. From the reasonings given in Exts.P3 and P5 I do not find any merit in the contentions of the petitioner. However, taking a lenient view, I direct the respondents to permit the petitioner to pay the amount of contributions in six equal monthly instalments starting from 15.9.2008. Every subsequent instalment shall be paid on the 15th of every succeeding month. If the petitioner pays the instalments in time, coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to the respondents to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.25685/08 3