IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 19704 of 2004(U) -------------------------- PETITIONER(S): --------------- K.GANESH, S/O.RAGHUVEERA RAO, BEEJATHADKA HOUSE, BADIADKA, KASARAGODE DT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KASARAGODE. 3. THE TAHSILDAR (REVENUE RECOVERY), KASARAGODE. 4. THE VILLAGE OFFICER, BADIADKA VILLAGE, KASARAGODE DISTRICT. R2 BY ADV. SRI.PAULSON C. VARGHESE, SC R1,3&4 BY G.P. SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF DEMAND NOTICE IN FORM NO.10 DT.3.6.2004 RENDERED BY R3. P2: .DO. ISSUED IN FORM 1 BY R3 DT.3.6.2004. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.19704 of 2004 .................................................................... Dated this the 13th day of August, 2009. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of Motor Transport Workers Welfare Fund contribution. Petitioner is admittedly engaged in operation of stage carriage and the demand under challenge is Rs.46,767/- which is due for the year 1999- 2000. Standing Counsel for the respondent submitted that appeal filed against final determination order is still pending with the Government. This court while admitting the W.P. granted stay against recovery proceedings on payment of Rs.20,000/-. If Rs.20,000/- is paid, then recovery proceedings will remain stayed for another five months from now and in between there will be direction to the appellate authority namely, the concerned official of the Government to dispose of the appeal filed by the petitioner against final determination order. Recovery thereafter will be based on orders of the appellate authority. 2 The petitioner will produce copy of this judgment for compliance by the appellate authority. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms