IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 528 of 2006(K) ------------------------ PETITIONERS: ------------ 1. N.P. LEELA, MALIAKKALPUTHENPURA HOUSE, EDATHALA P.O., ERNAKULAM. 2. K. RAJEEV, KLUZHIVELIL HOUSE, KUNJATTUKARA, EDATHALA P.O., ALUVA. 3. UNNIKRISHNAN, PREM NIVAS, MUTHIRAKKATTUMUGAL, NAD, ALUVA. 4. P.G. RAJAN, PLAVIDA HOUSE, AMBUNADU, EDATHALA P.O., ERNAKULAM. 5. MURALEEDHARAN, MALIAKKALPUTHENPURA HOUSE, EDATHALA P.O., ALUVA, ERNAKULAM. BY ADV. SRI.P.KESAVAN NAIR SRI.K.G.CLEETUS RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, ALUVA. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2 GOVERNMENT PLEADER SHRI.MUHAMMED ANSAR FOR R1&3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 528/06. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE AGREEMENT DTD.193..98. P2. COPY OF THE OBJECTION DTD.19.4.04. P3. COPY OF THE ORDER DTD.25.3.04. P4. COPY OF THE DEMAND NOTICE BY R3. P5. COPY OF THE APPEAL AND PETITION DTD.11.5.05. P6. COPY OF THE JUDGMENT DTD.25.5.05 IN W.P.C.NO.15287/05. P7. COPY OF THE RECEIPT DTD.15.6.05. P8. COPY OF THE GOVT. ORDER DTD.16.7.05. P9. COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD 2002. P10. COPY OF THE -DO- 2003. P11. COPY OF THE -DO- 2004. RESPONDENTS' EXHIBITS: R2(A) COPY OF THE DEPOSTION OF T.K.UNNIKRISHNAN DTD.26.11.03. R3(B) -DO- BY RAJAN P.G. & K.G.RAJEEV DTD.27.4.2004. sdk+ ///True copy/// P.S. to Judge KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.528 of 2006 ----------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT Ext.P8 order passed by the appellate authority under the Kerala Motor Transport Workers Welfare Fund Act is under challenge. It is seen that as per the said order Ext.P5 appeal filed by the petitioner has been dismissed as time barred. There is no dispute that it was time barred. But it is seen that by Ext.P6 judgment this court had directed the appellate authority to consider the appeal on merits on the petitioner remitting 1/3rd of the demand within three weeks from the date of the judgment. That condition was complied with. It is now settled law that even if there is no power to condone the delay when there is a direction by a superior court such authority is bound to comply with the direction issued by the superior court. Having had no demur against Ext.P6 judgment there is no point in not considering the appeal on merits. Therefore, I quash Ext.P8 order. There will be a direction to the first respondent to consider the appeal on merits ignoring the ground of limitation. W.P(C) No.528 of 2006 -:2:- This shall be done within a period of three months from the date of receipt of a copy of this judgment. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.528 of 2006 ----------------------------------- JUDGMENT 29th August, 2008