IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WA.No.409 of 2008 ------------------------------------- AGAINST THE ORDER IN WPC.5219/2008 DATED 13TH FEBRUARY,2008 .................... APPELLANT/PETITIONER:- ------------------------------------ VARGHESE THOMAS, KALAIKATTIL, MAMMAN MATHAI NAGAR, MANJADI P.O., THIRUVALLA. BY ADV. SRI.JACOB P.ALEX RESPONDENTS/RESPONDENTS 1 TO 7:- -------------------------------------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF LABOUR, NEW DELHI. 2. DISTRICT LABOUR OFFICER DISTRICT LABOUR OFFICE, PATHANAMTHITTA. 3. ASST.LABOUR OFFICER (GRADE 1) DISTRICT LABOUR OFFICE, PATHANAMTHITTA. 4. DEPUTY TAHSILDAR (RR) TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA. 5. ANSARI, MANAGING DIRECTOR, M/S.AVS PROJECT & CONSTRUCTIONS PVT.LTD RAMANCHIRA, THIRUVALLA. 6. MONICHAN THOMAS, KALAYIKKATTIL PANICKARU VEEDU, KAVIYOOR, THIRUVALLA. W.A.NO.409/2008 -2- 7. JOY ALUKKAS, ALUKKA HOUSE AVENUE ROAD,CHELAKKOTTU KARA, THRISSUR. R1 BY SRI.P.PARAMESWARAN NAIR, ASSISTANT SOLICITOR GENERAL. R2 TO R4 BY SMT.K.MEERA, SENIOR GOVERNMENT PLEADER. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.409 of 2008 ------------------------------------------------------- Dated, this the 18th day of February, 2008 JUDGMENT H.L.Dattu, C.J. Sri.Jacob P.Alex, learned counsel appearing for the appellant after arguing the matter for quite some time, may be knowing the mind of the Court, thought it fit to withdraw this appeal with liberty to the appellant to deposit Rs.2,75,858/- which is a condition precedent for filing of appeal against the orders of assessment passed by the Assessment Officer under the provisions of the Building and Other Construction Workers' Welfare Cess Rules, 1998. (2). The request of the learned counsel appears to be reasonable. Therefore, we grant a month's time to deposit the amount of Rs.2,75,858/- with the first appellate authority. The appellate authority shall not dismiss the appeal for the present. It is only after such deposit, the appellate authority shall entertain the appeal and hear the matter on merit. The revenue recovery proceedings initiated against the appellant shall be kept in abeyance for a period of 4 weeks' from today. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS