IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 14186 of 2006(L) -------------------------------------- PETITIONER: ----------------- M.P.ABDUL NAZER, AGED 37 YEARS, S/O. MOHAMMED, MELEPEEDIYEKKAL HOUSE, KUTTIPURAM AMSOM, KOLAKKAD DESOM, PAINKANNIYOOR POST, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.PROMY KAPRAKKATT SRI.K.N.ABHILASH SMT.P.K.BEENA RESPONDENTS: ---------------------- 1. DEPUTY TAHASILDAR (RR), TIRUR TALUK, MALAPPURAM DISTRICT. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WELFARE FUND BOARD, MALAPPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, LABOUR AND REHABILITATION (S) DEPARTMENT, TRIVANDRUM. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J FO R1, R3 ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 14186/2006-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE R.C. BOOK. EXT.P2: COPY OF THE ORDER DATED 02/07/2005. EXT.P3: COPY OF THE NOTICE EM916/2001-02 DATED 19/04/2006. EXT.P4: COPY OF THE NOTICE EM916/2002-04 DATED 19/04/2006. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE DEPOSITION OF THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27/06/2002. EXT.R2(b): COPY OF THE FINAL DETERMINATION ORDER DATED 04/07/02. EXT.R2(c): COPY OF THE FDO DATED 17/02/05. //TRUE COPY// P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 14186 of 2006 ----------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner is aggrieved since contribution to the Motor Transport Workers Welfare Fund is levied even in respect of the period the vehicle KL 10B 7475 was not in operation and covered by G form. According to the petitioner the endorsement in Ext.P1 RC book would clearly show the period covered by G form. Apparently the matter has not been considered in the light of the endorsements in the RC book which is conclusive regarding the operation of the vehicle. Therefore, I quash the impugned orders with a direction to the second respondent to consider the matter afresh, exclude the period covered by G form from the assessment and pass fresh orders. The petitioner will present himself along with a copy of the judgment before the second respondent on 28-10-2008 and the second respondent will pass fresh orders as above within another one month. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No. 14186 of 2006 ----------------------------------- JUDGMENT 19th September, 2008