IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WA.No. 775 of 2006() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.9438/2006 Dated 29/03/2006 .................... APPELLANT(S): 19TH PETITIONER: ------------------------- M.A. SHAFI, S/O. MUHAMMED KUNJU, SAFAR, MURUNTHAL, PERINADU, KOLLAM. (VEHICLE NO.KL-2/J-2516). BY ADV. SRI.V.SANTHARAM SRI.ANTO THOMAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO LABOUR AND REHABILITATION (H) DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THAMARAKULAM BEACH ROAD, KOLLAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 4. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ALLEPPEY. 5. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, TRIVANDRUM. W.A. NO.775/2006 6. REGIONAL TRANSPORT OFFICER, OFFICE OF R.T.O., KOLLAM. 7. REGIONAL TRANSPORT OFFICER, OFFICE OF R.T.O., ALAPPUZHA. 8. REGIONAL TRANSPORT OFFICER, OFFICE OF R.T.O., TRIVANDRUM. ADV. SRI.ELVIN PETER P.J. FOR R2 SRI.K.HARILAL, SC,KMTWF BOARD FOR R2 - R5 GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2009, ALONG WITH WA NO. 797 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & V.GIRI, J. =========================== W.A.Nos.775 & 797 of 2006 =============================== Dated this the 15th day of January, 2009. J U D G M E N T Koshy, Ag.CJ. Appellants are the owners of vehicles. The question involved in this case is whether their vehicle will come under Table III of Ext.P42 or under Table I. According to the appellants, their vehicles' seating capacity is below 20 and it will come under Table III and not under Table I and they are liable to pay contribution of Rs.100/- per month instead of Rs.700/- per month to the Motor Transport Workers Welfare Fund. The learned Single Judge directed them to approach the assessing authority and contest their case. At the time of admission, a Division Bench of this Court passed an interim order permitting the appellants to contribute to the Motor Transport Workers Welfare Fund as provided under Table III with a condition that appellants shall not alienate their vehicle. The above order is continuing. We are of the view that since statutory appeal is provided under Section 8, no interference is required in the W.A.Nos.775 & 797 of 2006 2 impugned judgment. In the above circumstances, appellants may make a detailed representation before the assessing authority for passing a proper assessment and after the assessment, appellants will get an opportunity to file an appeal also. If the appellants make a representation within one month from today, interim orders passed and status quo will continue. These appeals are disposed of as above. J.B.KOSHY, ACTING CHIEF JUSTICE. V.GIRI, JUDGE. bkn/-