IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 19567 of 2008(D) -------------------------- PETITIONER: ------------ SMT. EMILY KUNJACHAN, W/O. KUNJACHAN, AGED 53 YEARS, ANACHIRA HOUSE, KOTHAMANGALAM, PIN-686 691, ERNAKULAM DISTRICT. BY ADV. SRI.ROY THOMAS SRI.N.M.VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASSISTANT LABOUR OFFICER (GRADE-I), CIVIL STATION, ERNAKULAM, KOCHI-30. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 19567 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th July, 2008. J U D G M E N T Petitioner is running a fuel outlet of Hindustan Petroleum Corporation at Kothamangalam. The petitioner contends that in respect of construction of a canopy in the year 1990-91 to shelter the pump, the 3rd respondent has passed Ext. P3 order of assessment under the Building and Other Construction Workers Welfare Cess Act. The petitioner is challenging Ext. P3 order on the ground that the Act is not applicable to the canopy since it was constructed prior to the coming into force of the said Act. Taking this contention, the petitioner has filed Ext. P4 appeal before the appellate authority. The petitioner is aggrieved by non-consideration of the appeal. The petitioner therefore seeks the following reliefs: “I) Call for all the relevant records from the respondents concerning the issue raised in the W.P(C). II) Call for the original of Ext. P3 impugned order of assessment from the 3rd respondent and issue a writ of certiorari to quash the same. III) Issue a writ of mandamus directing the 2nd respondent to consider and pass appropriate orders on Ext. P4 statutory appeal submitted by the petitioner, with notice and hearing.” 2. I have heard the learned Government Pleader also. 3. Rule 14 of the Building and Other Construction Workers Welfare Cess Rules, 1998 prescribes that such an appeal shall be accompanied with a certificate from the cess collector to the effect that the amount of cess or penalty or both, as the case may be, relating to such appeal has been deposited. A fee equivalent to one per cent, of the amount in dispute or penalty or both is also liable to be paid. If the petitioner has complied with the above conditions, the 2nd respondent shall consider and pass appropriate orders on Ext. P4 as expeditiously as possible, at any rate, within two months from the W.P.C. No. 19567/2008. -: 2 :- date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.