IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 32457 of 2005(L) -------------------------- PETITIONER: ------------ K.R. NALLASIVAM, S/O. K.R. RAMASWAMY 13/462, ELAYIDATHIL, PALAKKAD NOW RESIDING AT KOUNTANNOOR, SANKRAGIRI WEST, THRICHAMKODE TALUK, NAMAKKAL DISTRICT, TAMIL NADU. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALAKKAD. 2. THE DEPUTY TAHISLDAR (R.R.) TALUK OFFICE, PALAKKAD. 3. THE VILLAGE OFFICER, PALAKKAD III VILLAGE, PALAKKAD. 4. SUB INSPECTOR OF POLICE, PALAKKAD TOWN NORTH POLICE STATION, PALAKKAD. R1 BY ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF DEMAND NOTICE DT.4.11.2005. P2: TRUE COPY OF MAHAZAR DT.18.11.05. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.32457 of 2005 .................................................................... Dated this the 25th day of January, 2008. JUDGMENT Petitioner's vehicle was seized in recovery proceedings for recovery of Motor Transport Workers Welfare Fund arrears due in respect of stage carriage operated by the petitioner. This court ordered release of vehicle on payment of Rs.15,000/-. The balance is around Rs.20,000/-. Standing Counsel submitted that amount sought to be recovered is towards advance contribution and the same is only for three workers. Since no stage carriage can be operated with less than four workers, petitioner will be liable to pay the amount as the demand is only for three workers. In any case since final determination order is not issued, there will be direction to the first respondent to issue notice to the petitioner and issue final determination order so that if petitioner has grievance, he can file appeal against the same. However, in view of the findings above, there is no case for absolute stay against recovery of balance amount. The petitioner is granted time till 30.5.2008 to clear the balance arrears with interest. Payments will be adjusted towards dues under the final determination order. If payment is not made as above, recovery can be continued without waiting 2 for final determination order. The W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms