IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 17856 of 2006(A) -------------------------- PETITIONER(S): --------------- EDISON T.G. (EDISON GEORGE) THENIPPILLY HOUSE, TROMWAY LANE, CHALAKKUDY. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVT.OF KERALA, LABOUR & REHABILITATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALARIVATTOM, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (R.R) MUKUNDAPURAM, IRINJALAKKUDA. 4. THE VILLAGE OFFIER, CHALAKKUDY EAST VILLAGE, CHALAKKUDY. SMT.SMITHA, GOVERNMENT PLEADER FOR ER1 TO 4 SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17856/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PARTNERSHIP DEED DATED 12/06/1998. P2 : COPY OF THE STATEMENT GIVEN BY ANILKUMAR TO THE 2ND RESPONDENT DATED 27/07/2001. P3 : COPY OF THE STATEMENET GIVEN BY MANOJ TO 2ND RESPONDENT DATED 27/07/2001. P4 : COPY OF THE FINAL DETERMINATION ORDER ISSUED BY 2ND RESPONDENT AS ORDER NO.EE.983/FDO/98-2001 DATED 31/10/2001. P5 : COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19/01/2002. P6 : COPY OF THE DEMAND NOTICE NO.D.4-25803/02/KMT DT.24/10/2002 ISSUED BY the 3RD RESPONDENT. P7 : COPY OF THE DEMAND NOTICE NO.D.4-25803/02/KMT DATED 24/10/2002 ISSUED BY THE 3RD RESPONDENT. P8 : COPY OF THE CHELAN RECEIPT DATED 29/11/2002 ISSUED BY THE SOUTH INDIAN BANK LTD., TO THE PETITIONER. P9 : COPY OF THE ORDER NO.G.O.(Rt.) NO.1328/06/LBR DATED 07/06/2006 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.17856 of 2006 --------------------------------- Dated, this the 29th day of August, 2008 J U D G M E N T Petitioner's case is that the persons for whom demands of motor transport workers welfare funds are raised were his partners and not employees. Even though, partnership deed was produced as evidence, the employees and the Union representatives gave statement that the firm is non-existent and the petitioner obtained the partnership deed through coercion. It is very likely that the employer in a dominant position exerts influence on employees to sign any document to serve his purpose. Since on enquiry, the employees have confirmed their employment with the petitioner and since final adjudication order is confirmed in appeal, there is no scope for interference. The writ petition is, therefore, devoid of any merit and is dismissed. However, petitioner is granted ten equal monthly intalments to clear the arrears, first of which will be paid on or before 15/10/2008 and the balance on or before 15th day of nine succeeding months. If petitioner commits default in making payment of any of the instalments as above, the instalment facility granted will stand automatically vacated on first default and the respondents are free to proceed with recovery. (C.N.RAMACHANDRAN NAIR, JUDGE) jg