IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 OP.No. 20120 of 2001(T) ----------------------- PETITIONER: ------------ K.MOHAMMED, KANNIYAKKATH P.O., THEKKUM MURI, KARALMANNA, PALAKKAD. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENTS: ------------- 1. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM. 2. DEPUTY TAHSILDAR (R.R.), OTTAPPALAM. 3. K.K.ABOOBACKER, KANNIYAKKATH, THEKKUM MURI, CHEMMANYODE.P.O., PALAKKAD. BY GOVERNMENT PLEADER FOR R2 SRI.P.RAMAKRISHNAN (FOR R1) THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.20120/2001 ORDER ON CMP NO.32620/2001 IN OP NO.20120/01 DISMISSED. 19/09/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DEMAND NOTICE DATED 17/05/2001 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. P2 : COPY OF DEMAND NOTICE DATED 24/05/2001 OF -DO-. P3 : COPY OF DEMAND NOTICE DATED 17/05/2001 OF -DO-. P4 : COPY OF PAGES 2,3,4,5,10,11,12,13,16, 17, 54,& 55 OF R.C.BOOK. P5 : COPY OF CERTIFICATE ISSUED BY M/S. UNITED INDIA INSURANCE G.B.ROAD, PALAKKAD DATED 30/10/95. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No.20120 of 2001 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T Going by the facts admitted by petitioner, it is clear that he was the operating owner of the stage carriage in whatever capacity he did it when the 3rd respondent, the registered owner, was out of India. In the circumstance, petitioner is bound to comply with the statutory duties i.e. payment of contribution towards workers welfare fund for the 3rd respondent. The original petition is, therefore, devoid of any merit and is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) jg