IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WA.No. 2415 of 2007 (AGAINST THE JUDGMENT IN OP.14700/2003 Dated 24/08/2007) .................... APPELLANT/PETITIONER: ------------------------------------- CHINNAMMA XAVIER, VALIYAPARAMBIL VEEDU, NAYARAMBALAM, ERNAKULAM. BY ADV. SRI.R.MURALEEDHRAN PILLAI SRI.P.V.LONACHAN RESPONDENTS/ RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA, REEPRESENTED BY THE SECRETARY TO GOVERNMENT LABOUR AND REHABILITATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD ,PALARIVATTOM ,ERNAKULAM. 3. THE DEPUTY TAHSILDAR (R.R) TALUK OFFICE, KOCHI. 4. THE VILLAGE OFFICER, NAYARAMBALAM, ERNAKULAM. 5. MOHANAN E.R.,S/O. RAMAN, AGED 47 ILLATHUPARAMBIL HOUSE, VELIYATHAMPARAMBU WEST) NAYARAMBALAM P.O., KOCHI 682 509. 6. M.S.SUNIL,S/O. SUDHAKRAN, AGED 35, MAYATTIL HOUSE, CHERAI P.O, ERNAKULAM DIST. 7. V.R.SUDHAKARAN, S/O.RAMACHANDRAN, AGED 38, VELITHERIL HOUSE, OCHANTHURUTH P.O., KOCHI-682 508. R1, R3 AND R4 BY GOVT.PLEADER SRI.P.K.BABU. R2 BY ADV. SRI.P.RAMAKRISHNAN, SC FOR KMTWF BOARD THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- W.A.No. 2415 of 2007 --------------------------------------------- Dated this the 3rd day of December, 2009 J U D G M E N T Ramachandran Nair,J: This appeal is filed against the judgment of the learned single Judge rejecting the challenge against appellate orders issued by the Government sustaining the demand of Motor Transport Workers Welfare fund contribution from the appellant for several years. On going through the grounds raised and after going through the impugned judgment and the impugned orders, we do not find any justification to interfere with the judgment confirming the orders issued. In fact, it is seen from the impugned appellate order of the Government that demand sustained is for six employees, and the demand for one employee by name, Murali is excluded and the demand in respect of all other employees is sustained by the W.A. NO.2415 OF 2007 :-2-: Government. However, strangely, we do not find that any of the authorities have considered as to whether all the employees are registered and are eligible for benefit. If the employees have given evidence about their employment with the appellant and are registered members eligible for benefit under the Act, then there is no scope for interference. However, there will be a direction to the second respondent to drop the demand, if any made, in respect of any employee who is not registered or does not want to be registered with the welfare fund as a beneficiary. The District Executive Officer is directed to rectify demand, if required, without any delay and revise it. The appellant is granted time till 15th February,2010 to clear the arrears failing which recovery will be initiated or continued. W.A. NO.2415 OF 2007 :-3-: The writ appeal is disposed of as above. C.N.Ramachandran Nair, Judge. V.K.Mohanan, MBS/ Judge. W.A. NO.2415 OF 2007 :-4-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------------- I.T.A.NO. OF 200 ------------------------------------------- - J U D G M E N T DATED: -9-2009 W.A. NO.2415 OF 2007 :-5-: