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 WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WA.No. 1354 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.8847/2004 DATED 01/01/2008 .................... APPELLANT/ PETITIONER: -------------------------------------- GOPALAKRISHNAN NAIR, SARASWATHY VILASOM, ELAMKAL, PUNALUR. BY ADV. MR.M.NARENDRA KUMAR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR WORKERS WELFARE BOARD, KOLLAM. 2. DEPUTY TAHSILDAR (RR), PATHANAPURAM. 3. VILLAGE OFFICER, MULAKKUDY. R2 & R3 BY GOVT. PLEADER SMT. MEERA, R1 BY ADV. MR. K. HARIAL, S.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.1354 of 2008 ------------------------------------- Dated 4th February, 2009 JUDGMENT Koshy, Ag.C.J . Final determination order for recovery of arrears of Motor Transport Workers Welfare Fund for the years 1999-2000 2000-2001 and 2001-02 was issued against the appellant/petitioner. According to the petitioner, his vehicle was operated only as a substitute vehicle during the relevant period. But, substitute vehicle also needed permit. Demand was issued only for three workers, while the minimum required for operating a stage carriage with two doors is four. Therefore, learned judge did not interfere in the above order. Even otherwise, the final determination order is appealable. Without filing proper appeal, the petitioner cannot challenge the order. However, learned Judge granted a liberal instalment facility. We see no ground to interfere in the above judgment. The appeal was filed with 147 days' delay and the delay was condoned and time fixed for payment of arrears was also over. In the above circumstances, if the balance arrears is paid within one month from today, no recovery proceedings shall be taken against the petitioner. The writ appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks