IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 5322 of 2008(H) ------------------------- PETITIONER: ------------ O.J.ABRAHAM, PROPRIETOR, SHOLLY TYRES, P.N.S. JUNCTION, PUNALUR. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: ----------------- 1. THE LABOUR COURT, KOLLAM. 2. THE DISTRICT LABOUR OFFICER, KOLLAM. 3. P.K.RAVEENDRAN, RESHMI BHAVAN, ERAM, THADICADU-PO, ANCHAL, PATHANAPURAM TALUK. 4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, PATHANAPURAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5322 of 2008 APPENDIX EXT.P1: COPY OF RELEVANT PORTION OF THE WAGE REGISTER MAINTAINED BY PETITIONER IN PETITIONER'S SSI UNIT FOR THE PERIOD 1.8.99 TO 31.8.99. EXT.P2: COPY OF PETITIONER'S LETTER DATED 13.3.2000 COMMUNICATED TO THE COMMERCIAL TAX OFFICER, WORKS CONTRACTS AND LUXURY TAX, KOLLAM. EXT.P3: COPY OF C.P.NO.65/04 FILED BY R3 BEFORE THE LABOUR COURT, KOLLAM. EXT.P4: COPY OF PETITIONER'S OBJECTION DATED 25.4.05 FILED IN C.P.NO.65/04 OF THE LABOUR COURT, KOLLAM. EXT.P5: COPY OF ORDER DATED 27.6.06 IN C.P.NO.65/04 OF THE LABOUR COURT, KOLLAM. EXT.P6: COPY OF THE SHOW CAUSE NOTICE DATED 28.6.07 OF R2 COMMUNICATED TO PETITIONER. EXT.P7: COPY OF PETITIONER'S LETTER DATED 17.7.07 COMMUNICATED TO R2. EXT.P8: COPY OF R4'S DEMAND NOTICE DTD 1.10.07 COMMUNICATED TO PETITIONER UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. EXT.P8A: COPY OF R4'S DEMAND NOTICE DATED 1.10.07 COMMUNICATED TO PETITIONER UNDER SECTION 7OF THE KERALA REVENUE RECOVERY ACT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.5322 OF 2008 ---------------------------------------- Dated this the 12th day of March, 2008 JUDGMENT In this writ petition, the petitioner challenges Ext.P5 order of the Labour Court, Kollam in Claim Petition No.65 of 2004 whereby the petitioner was directed to pay an amount of Rs.38,734.50/- to the 3rd respondent herein in accordance with the award in I.D. No.65 of 2000. That award is not under challenge before me. Therefore, when the writ petition came up for admission on 14.2.2008 since I was not inclined to admit this writ petition, then the learned counsel appearing for the petitioner submitted that he may be permitted to pay off the amounts directed to be paid as per Ext.P5 order in instalments. Accordingly, I admitted this writ petition only on the question of the prayer of the petitioner for paying off the amounts in instalments. Now in the affidavit accompanying I.A.No.3389/08, the petitioner himself admits that the amounts covered by the revenue recovery notice pursuant to Ext.P5 order has already W.P.(c) No.5322/08 2 been recovered from the petitioner. He now seeks a direction to the 4th respondent to keep the amounts with himself without disbursing it to the 3rd respondent. In so far as I am not inclined to admit this writ petition and admitted the writ petition only on the question of permitting the petitioner to pay off the amounts in instalments and now that the amount has been released, I do not think it necessary to consider the writ petition further. Accordingly the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.5322/08 3