IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 5TH OCTOBER 2006 / 13TH ASWINA 1928 WP(C).No. 19850 of 2003(K) ------------------------------------ PETITIONER: ------------------ V.K.IBRAHIM, THOPPIL HOUSE, ELOOR NORTH, UDYOGAMANDAL P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND REHABILITATION (S)DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALARIVATTOM, KOCHI-682025 3. THE DEPUTY TAHSILDAR (R.R), NORTH PARAVUR, ERNAKULAM DISTRICT. 4. THE VILLAGE OFFICER, ELOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD GOVERNMENT PLEADER SRI.GEORGE KUTTY MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO. 6304/2003 IN WP(C) NO.19850/2003 DISMISSED 5.10.2006 SD/- C.N.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE PROVISIONAL ORDER DT.6.10.2000 ISSUED BY THE 2ND RESPONDENT FOR THE YEARS 1997-2000. EXT.P2:- COPY OF THE OBJECTION DT.18.10.2000 FILED BY THE PETITIONER. E.XT.P3:- COPY OF THE RELEVANT PAGE OF R.C.BOOK OF THE LORRY KLU 750 OWNED BY KUNJAPPAN WHO IS SHOWN AS AN EMPLOYEE OF THE PETITIONER. E.XT.P4:- COPY OF THE FINAL DETERMINATION ORDER DT.31.1.22000 ISSUED BY THE 2ND RESPONDENT FOR THE YEAR1997-2000. EXT.P5:- COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AGAINST EXT.P4. EXT.P6:- COPY OF THE INTERIM ORDER PASSED BY THE 1ST RESPONDENT IN EXT.P5. EXT.P7:- COPY OF THE RECEIPT DT.7.4.01 REMITTING THE AMOUNT AS SPECIFIED IN EXT.P6. EXT.P8:- COPY OF THE ORDER DT.21.2.03 PASSED BY THE 1ST RESPONDENT/ APPELLATE AUTHORITY IN EXT.P5 APPEAL. .EXT.P9:- COPY OF THE DEMAND NOTICE DT.12.6.03 ISSUED BY THE 3RD RESPONDENT. EXT.P10:- COPY OF THE NOTICE NO.C6-31/03-04 /KMT PRIOR ATTACHMENT OF LAND ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.19850 of 2003 .................................................................... Dated this the 5th day of October, 2006. JUDGMENT The petitioner is challenging Ext.P8 confirming Ext.P4 order demanding Motor Transport Workers Welfare Fund contribution in respect of four employees for the years 1997-98 to 1999-2000. It is seen that the petitioner was operating three lorries. In the normal course a truck is operated with minimum a driver and another employee to assist him. However, in this case for three trucks, only four employees are assessed. Moreover, it is seen from Ext.P8 order that petitioner himself has deposed before the Executive Officer that all the workers for whom demand is raised had worked under him and petitioner's claim was only that they are temporary employees. Since employment is admitted and since petitioner has not given names of other temporary employees engaged during those years, there is nothing wrong in demanding contribution treating the employees as employed on a regular basis. The O.P. is therefore devoid of any merit and is dismissed. C.N.RAMACHANDRAN NAIR Judge pms