IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 26350 of 2008(J) -------------------------------- PETITIONER : ------------------ V.P.FAKRUDHIN, S/O. PARREKUTTY, FATHIMA MANZIL, CHANDIROOR - 688 547 BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ---------------------- 1. THE BUILDING & OTHER CONSTRUCTION WORKERS' WELFARE BOARD, NIRMAN BHAVAN, METTUKADA, THYCADU P.O., THIRUVANANTHAPURAM PIN - 695 014. REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT LABOUR OFFICER GRADE 1, PULIKKAL, ALAPPUZHA 688 011. 3. THE DISTRICT LABOUR OFFICER, PULIKKAL, ALAPPUZHA 688 011. SRI.M.L.SAJEEVAN, SC, K.B & O.C.W.W.B -R 1 SMT. M.R. SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26350 of 2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE RECEIPT NO. 3120156 DATED 22/11/2006 ISSUED BY THE AROOR VILLAGE OFFICE. EXHIBIT P2: TRUE COPY OF THE RECEIPT NO.3120158 DATED 22/11/2006 ISSUED BY THE AROOR VILLGE OFFICE. EXHIBIT P3: TRUE COPY OF THE ORDER DATD 11/01/2008 PASSED BY THE 2ND RESPONDENT. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 12/03/2008 PASSED BY THE 3RD RESPONDENT. EXHIBIT P5: TRUE PHOTOCOPY OF NOTICE DATED 5/05/2008 ISSUED BY THE COUNSEL FOR THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE scm ANTONY DOMINIC, J. --------------------------- W.P.(C) No.26350 of 2008 ------------------------------------ Dated this the 18th day of March, 2009 JUDGMENT Prayer in this writ petition is to direct the first respondent to pay the petitioner all amounts levied vide Exhibits P1 and P2 with interest. Admittedly, an amount of Rs.31,770/- was collected from the petitioner. By virtue of Exhibits P3 and P4 proceedings of the Assistant Labour Officer, Alappuzha and District Labour officer, Alappuzha, the amount collected from the petitioner is liable to be refunded. Despite, Exhibit P4 notice issued on behalf of the petitioner, the amount was not refunded and hence, this writ petition has been filed. 2. Taking into account the fact that in spite of service of notice to the respondents they had not entered appearance, this Court passed an interim order dated 4/11/2008 directing the first respondent to refund the amount. 3. Even today there is no appearance on behalf of the first respondent, who has to refund the amount. Counsel for the petitioner complains that interim order has not been complied with. W.P.(C) No.26350/ 2008 2 4. Now that Exhibits P1 and P4 referred to above have become final, I dispose of this writ petition directing the first respondent to refund the amount of Rs.31,770/- to the petitioner together with 10% interest thereon from the date of collection till the day of payment. Petitioner shall produce a copy of this judgment before the first respondent, who shall make payment as above within four weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm