IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 4129 of 2011(M) ------------------------- PETITIONER(S): --------------- N.T.DHARMAN, AGED 40, S/O.THANKAPPAN, NADUKUDY HOUSE, THAMARACHAL, KIZHAKKAMBALAM P.O., PIN-683 562, KUNNATHUNADU TALUK, ERNAKULAM DT. BY ADV. SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT DEPARTMENT OF LABOUR & REHABILITATION, GOVERNMENT SECRETARIAT, TRIVANDRUM-1. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR WORKERS WELFARE FUND BOARD, ERNAKULAM, COCHIN-682 018. GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R1 SRI.P.RAMAKRISHNAN, SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.4129 of 2011 ----------------------------------------- Dated this the 1st March, 2011 JUDGMENT The petitioner is a stage carriage operator. He has filed this writ petition challenging Ext.P3 order of remand passed by the Government on appeal and Ext.P4 revised final determination order issued under section 8 of the Kerala Motor Transport Workers Welfare Fund Act pursuant to Ext.P3. Though various contentions are raised in the writ petition touching upon the merits of the impugned orders, it is not in dispute that the petitioner has filed Ext.P6 appeal before the Government canvassing the correctness of Ext.P4 order. In such circumstances as the petitioner has invoked the appellate remedy available to him and the Government are competent to entertain the appeal, he should await the decision of the Government, before moving this Court. I accordingly dispose of the writ petition with a direction to the Government to consider Ext.P6 appeal filed by the petitioner from Ext.P4 order expeditiously and in any event within three W.P(C) NO.4129/2011 -:2:- months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Labour and Rehabilitation Department. It will be open to the petitioner to move the Government for interim relief and if the petitioner files an application for interim relief the Government shall consider the same and pass appropriate orders thereon within one week from the date of receipt of such an application. The Government shall, before passing orders on the appeal, afford the petitioner and the second respondent herein an opportunity of being heard and shall pass an order adverting to the various contentions raised by the petitioner. The challenge to Ext.P3 order is kept open to be raised in other appropriate proceedings. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.4129 of 2011 ---------------------------- JUDGMENT 1st March, 2011