IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 851 of 2009(B) ------------------------ PETITIONER(S): --------------- K.V.SASI, KALISSERY VEEDU, MANNAMTHURUTH, VARAPUZHA P.O., ERNAKULAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE COMMISSIONER AND SECRETARY, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, TRIVANDRUM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.851 OF 2009 ------------------------ Dated this the 9th day of January, 2009. JUDGMENT Ext.P1 is a final determination order passed against the petitioner under the Motor Transport Workers Welfare Fund Act. Against Ext.P1, petitioner filed an appeal before the first respondent. In the appeal the petitioner filed Ext.P2 application for imp leading certain workers, whose statements were relied on by the 2nd respondent to pass Ext.P1 order. The impleading application was rejected as per Ext.P3. It is challenging Ext.P3 that the writ petition is filed. 2. First of all, the persons whose impleadment was sought for are the workers whose statements were relied on by the 2nd respondent. If the petitioner has a case that those workers had not given statement or that the statement given by those workers did not deserve WP(c).No.851/09 /2/ acceptance by the 2nd respondent, impleadment of the aforesaid workers is not the course open to the petitioner. He can prove the correctness of his contention either by seeking to examine them or by filing affidavits of the persons concerned. When such courses are open, I do not think the application made by the petitioner for impleadment is the correct course to be adopted. Therefore, leaving it open to the petitioner to pursue the matter by adopting any one of the above methods to prove the contentions, this writ petition is disposed of. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.851/09 /2/