IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 OP.No. 4096 of 1998(K) -------------------------------- PETITIONER: ------------------- K.M. KAMALAKSHY AMMA, AMBIKA BHAVAN, ERNAKULAM ROAD, ALUVA. BY ADV. SRI.K.R.B.KAIMAL (SR.), ADV. SRI.K.J.MOHAMMED NAUFAL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION (S) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, PALARIVATTOM, ERNAKULAM. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL, ADV. SRI.P.RAMAKRISHNAN, ADV. SRI.T.C.KRISHNA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 7376/1998 IN O.P. NO. 4096/1998-K DISMISSED 07/03/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER G.O. (RT). NO. 2304/88/LBR DTD. 19/12/88. EXT.P.2: COPY OF THE STATEMENT FILED BY PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE ORDER NO. B1.09/92 DTD. 27/02/1993 OF R.2. TO THE PETITIONER. EXT.P.4: COPY OF THE APPEAL FILED BY PETITIONER BEFORE R.1. DTD. 17/04/93. EXT.P.5: COPY OF THE ORDER NO. 13698/R2/93/LBR DTD. 17/04/1993 OF R.1. TO PETITIONER. EXT.P.6: COPY OF THE OBJECTION FILED BY PETITIONER BEFORE R.2. DTD. 12/06/94. EXT.P.7: COPY OF THE ORDER NO. B2.C9/88 DTD. 12/10/1994 OF R.2. TO THE PETITIONER. EXT.P.8: COPY OF THE APPEAL FILED BY PETITIONER BEFORE R.2. DTD. 25/11/94. EXT.P.9: COPY OF THE ORDER NO. 36858/R2/94/LBR DTD. 21/12/94 OF R.1. TO PETITIONER. EXT.P.10: COPY OF THE ORDER NO. GO (RT) 301/98/LBR DTD. 06/02/98. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- O.P. No. 4096 OF 1998 --------------------------------------- Dated this the 7th day of March, 2008. J U D G M E N T Petitioner is aggrieved by the proceedings initiated against her under the provisions of the Kerala Motor Transport Workers Welfare Fund Act. It is seen that the matter was considered by the Government also. In Ext.P10 order passed by the Government, it is stated that the “the appellant could not prove the averment supported by the recordical evidence”. The factual dispute pertains to the inclusion of overtime wages for the purpose of contribution. The original petition is disposed of making it clear that the impugned orders shall not stand in the way of the petitioner approaching the 2nd respondent and convincing the 2nd respondent on the basis of evidence regarding the overtime wages, in which event, ignoring the orders passed by the 2nd respondent as well as the Government as per Ext.P10, fresh orders shall be passed by the 2nd respondent. In order to enable the petitioner to workout the relief as above, the interim order passed by this court will continue for another six months. KURIAN JOSEPH, JUDGE. ps KURIAN JOSEPH, J. O.P. No. 4096 OF 1998 J U D G M E N T 07.03.2008