IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 OP.No. 2452 of 2003(P) ---------------------- PETITIONER: ------------ T.A.GEORGEKUTTY, THANIVILAYIL HOUSE, PAZHAKULAM P.O., ADOOR. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS JOINT SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION (S) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA. 3. THE DEPUTY TAHSILDAR (R.R.), ADOOR. 4. THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, ADOOR. 5. PALANISWAMY, PUTHOOR, RAMUPALAYAM, PALLADATHU, COIMBATORE. BY ADV. SRI.P.RAMAKRISHNAN SHRI.L.G.SURESH, GOVERNMENT PLEADER FOR R1,3 &4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2452/2003 ORDER ON CMP NO.4452/2003 IN OP NO.2452/2003 DISMISSED. 19/09/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE SALE DEED DATED 07/03/1999. P2 : COPY OF THE REGISTRATION PARTICULARS ISSUED BY THE 4TH RESPONDENT ON 22/03/2002 WITH RESPECT TO VEHICLE NO.KL-03/5092. P3 : COPY OF THE ORDER DATED 26/06/2002 IN CMP NO.14474/02 IN OP 8074/02 OF THIS HONOURABLE COURT. P4 : COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT BEFORE THIS HONOURABLE COURT IN OP NO.8074/02. P5 : COPY OF THE DEMAND NOTICE NO.D/N-55/2001 DATED 29/01/2001 ISSUED BY THE 3RD RESPONDENT. P6 : COPY OF THE FINAL DETERMINATION ORDER NO.EP/675/FDO/97-2000 DATED 16/06/2000. //TRUE COPY// PA TO JUDGE. jg. C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 2452 of 2003 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T Heard learned counsel for the petitioner and learned Standing Counsel appearing for the Motor Transport Workers Welfare Fund Board. 2. Petitioner's case is that he has paid contribution for the workers engaged in his truck for the years 1997-98 and 1998-99. However, according to him, since the vehicle was sold on 07/03/1999, no contribution is payable by him for the period subsequent to that. Even though petitioner has made the purchaser a party in this original petition, he has not cared to appear in Court or has not denied petitioner's claim. In any case, the employee, who is registered with the Welfare Fund Board and for whom demand is made will be in a position to convince the executive officer about the employer under whom he was working during the year 1999-2000. The writ petition is, accordingly, disposed of directing the Executive Officer to verify with the registered employee for whom demand is raised, details of his O.P. No.2452/2003 -2- employment and recover contributions from such employer and if petitioner is not found to be the person to re-call the demand raised against the petitioner. Petitioner will produce copy of the judgment before the Executive Officer for compliance. Recovery will remain stayed for three months from now for the Executive Officer to take steps in the matter or to recall recovery proceedings. If petitioner is found to be the employer, recovery can be continued thereafter. (C.N.RAMACHANDRAN NAIR, JUDGE) jg