IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5668 of 2008(Y) ------------------------- PETITIONER: ------------ JOHN SOJI ABRAHAM, THARAKAN VEEDU, THRIPERUNTHURA P.O., MAVELIKKARA, CHENNITHALA. BY ADV. SRI.T.P.SAJAN RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ALAPPUZHA. 2. THE TAHSILDAR, MAVELIKKARA, ALAPPUZHA DISTRICT. 3. SUSAMMA THOMAS, W/O E.P.THOMAS, ELANGANNOORKUTTIYIL, BUDHANOOR P.O., CHENGANOOR, ALAPPUZHA DISTRICT. R1 BY SC SRI K.HARILAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5668 of 2008 ------------------------------------- Dated: February 18, 2008 JUDGMENT According to the petitioner although the 3rd respondent was the employer, proceedings were initiated against him under the Kerala Motor Transport Workers' Welfare Fund Scheme and that resulted in Ext.P1 final determination order. This writ petition has been filed when proceedings have been initiated for realising the dues under Ext.P1. Petitioner contends that he was only a driver and as he was not the employer, as defined under the Welfare Fund Act, Ext.P1 order as well as the revenue recovery proceedings are illegal. 2. I am not in a position to accept the contention of the counsel for the petitioner. The reason for such conclusion is that against Ext.P1 final determination order, petitioner could have filed an appeal as provided in the statute. That he has not done and therefore Ext.P1 has attained finality. If Ext.P1 has attained finality, the respondents cannot be faulted for taking recovery proceedings for realising the dues. WP(C) 5668/08 Page numbers 3. At this stage counsel for the petitioner requests for an instalment facility to discharge the liability under Ext.P1. 4. I heard the standing counsel for the respondents also. 5. Having regard to the submissions made by both sides, I dispose of this writ petition directing that the amount due in terms of Ext.P1, which is sought to be recovered in terms of Exts.P2 and P3, shall be permitted to be paid by the petitioner in ten equal monthly instalments. The first instalment shall be payable in the first week of March, 2008 and the subsequent instalments in the first week of the succeeding months. Subject to payment as above, Exts.P2 and P3 will stand deferred. If default is committed, the respondents will be free to realise the amount in one lump. ANTONY DOMINIC, JUDGE mt/-