IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 8847 of 2004(C) ------------------------- PETITIONER: ------------ GOPALAKRISHNAN NAIR, SARASWATHY VILASOM, ELAMKAL, PUNALUR. BY ADV. SRI.T.M.ABDUL LATHEEF SMT.P.RESHMA KABIR RESPONDENTS: ------------- 1. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR WORKERS WELFARE BOARD, KOLLAM. 2. DEPUTY TAHSILDAR (R.R), PATHANAPURAM. 3. VILLAGE OFFICER, MULAKKUDY. R1 BY ADV. SRI.K.HARILAL, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF FORM 38 CERTIFICATE OF FITNESS. P2: TRUE COPY OF FINAL DETERMINATION ORDER DT.10.11.2000 ISSUED BY R1 TO THE PETITIONER. P3: TRUE COPY OF THE SALE AGREEMENT DT.14.11.2001. P4: TRUE COPY OF THE PROVISIONAL DETERMINATION ORDER DT.4.7.2001 ISSUED BY R1. P5: TRUE COPY OF THE DETERMINATION ORDER DT.30.7.2003 ISSUED BY R1. P6: TRUE COPY OF THE STATEMENT SENT BY G.RAVEENDRANATHAN NAIR TO R1. P7: TRUE COPY OF NOTICE DT.10.5.2001 ISSUED BY R1 TO THE PETITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.8847 of 2004 .................................................................... Dated this the 1st day of January, 2008. JUDGMENT The petitioner is challenging final determination orders issued for recovery of arrears of Motor Transport Workers Welfare Fund for the years 1999-2000, 2000-2001 and 2001-2002. The petitioner's case is that he did not have regular permit for the operation of stage carriage. However, it is conceded that petitioner's vehicle was operated as a substitute vehicle during the relevant period. Obviously a substitute vehicle is allowed to ply only on a permit. Demand is seen made only for three workers, while the minimum required for operating a stage carriage with two doors is four. In the circumstances, I do not find any ground to interfere with the demand of contribution for three workers. However, since bus is sold, petitioner is granted four equal monthly instalments to clear the arrears, first of which will be paid on or before 15.3.2008 and the balance on or before the 15th day of the three succeeding months. If default is committed in payment of any instalment, the instalment facility will stand cancelled and respondents will proceed for recovery of entire arrears on first default. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms