IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 OP.No. 34222 of 2000(Y) --------------------------------- PETITIONER: ------------------- SUNNY PHILIP, PADIKKAKUNNEL, PADIMON, MALLAPPALLY. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.S.SANTOSH KUMAR (PERUNAD) RESPONDENTS: ----------------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, THIRUVANANTHAPURAM. 2. THE MOTOR TRANSPORT WORKERS WELFARE FUND REP.BY THE CHIEF EXECUTIVE, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 3. THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND, PATHANAMTHITTA. 4. THE ATALUK TAHSILDAR, MALLAPPALLY. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R3 ADVOCATE GENERAL FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.34222/2000 ORDER ON CMP. NO.58522/2000 IN OP. NO.34222/2000 DISMISSED 04.07.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE FINAL DETERMINATION ORDER E.P. NO.328/FDO/96-97 DT. 27.8.97 ISSUED BY THE 3RD RESPONDENT. EXT.P2:- COPY OF THE CHALLAN DT. 14.7.97. EXT.P3:- COPY OF THE MEMORANDUM OF APPEAL DT. 9.10.1997 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P4:- COPY OF THE LETTER DT. 13.1.98 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. EXT.P5:- COPY OF THE LETTER DT. 13.7.98 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. EXT.P6:- COPY OF THE ORDER DT. 24.10.2000 ISSUED BY THE IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- O.P. No.34222 of 2000 ---------------------------------------------- Dated 4th July, 2008. J U D G M E N T Ext.P6 order passed by the first respondent in the matter of contribution towards Motor Transport Workers Welfare Fund is under challenge. The main grievance is that the order is passed without affording an opportunity for hearing to the petitioner. According to the respondents, despite several chances, it is the petitioner who did not turn up. However, having regard to the facts as stated in the writ petition, it is only appropriate that a fresh opportunity is given to the petitioner by the first respondent. In the above circumstances, the writ petition is disposed of as follows :- The petitioner will present himself before the first respondent on 26.8.2008 at 3 p.m. The first respondent shall, on that day or any other day to which the matter is adjourned, hear the petitioner and pass appropriate orders in the matter within another one month. The interim order passed by this court on 7.12.2000 will continue till such time. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.34222 of 2000 ---------------------------------------------- J U D G M E N T Dated 4th July, 2008.