IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31478 of 2008(V) -------------------------- PETITIONER(S): --------------- M.R.MADHUSOODHANAN, S/O.RADHAKRISHNAN, MANDAKATHIL HOUSE, ERIKKAMANNA, K.K.JUNCTION, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION (S) DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS'S WELFARE FUND BOARD, MALAPPURAM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31478/2008 -------------------- Dated this the 28th day of October, 2008 JUDGMENT An appeal preferred by the petitioner against the order of assessment under the Kerala Motor Transport Workers' Welfare Fund scheme has been rejected on what will have to be termed as technical grounds. 2. Having heard learned counsel on both sides, I am of the view that the petitioner's appeal requires to be considered on merits rather than be dealt with on purely technical grounds. Nor can it be said that the appeal filed by the petitioner was belated. 3. In the circumstances, Ext.P5 is set aside and first respondent is directed to pass fresh orders on Ext.P1 appeal, after hearing the petitioner as also the representative of the District Executive Officer, Kerala Motor Transport Workers' Welfare Fund Board, within a period of three months from the date of receipt of a copy of this judgment. Further enforcement of Ext.P9 W.P.(C).31478/2008 2 shall be kept in abeyance, till orders are passed on Ext.P1 appeal by the first respondent. V.GIRI, Judge mrcs