IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 28741 of 2008(V) -------------------------- PETITIONER(S): --------------- DAVIS, S/O. ALOOR THOMAS, PUTHURUTHY DESOM-VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR WORKERS WELFARE FUND BOARD, THRISSUR. 2. VILLAGE OFFICER, PUTHURUTHY. 3. DEPUTY TAHSILDAR (R.R), THALUK OFFICE, THALAPPILLY, WADAKKANCHERY. 4. DISTRICT COLLECTOR, THRISSUR. 5. N.R. SANKARAN, KARTHIKA, P.O. PERINGANDOOR. ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28741/2008 -------------------- Dated this the 6th day of October, 2008 JUDGMENT Petitioner claims to have been a Cleaner in a bus bearing registration No.KL.08 V.6293 owned by the fourth respondent. An order assessing the contribution payable under the Motor Transport Workers Welfare Fund Act was passed in relation to the said bus. It now seems, going by the counter affidavit filed by the first respondent that the petitioner is found to be a person liable to pay the contribution. This fact has not been disclosed by the petitioner. In the circumstances, the proceedings under the Revenue Recovery Act cannot be said to be without jurisdiction. Writ petition is therefore, dismissed without prejudice to the right of the petitioner to take appropriate steps in relation to the order assessing the petitioner as liable to pay the contribution under the Motor Transport Workers Welfare Fund Act, Exts.R1(a) W.P(C).28741/2008 2 and R1(d), if otherwise advised and if such proceedings are maintainable. V.GIRI, Judge mrcs