IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15235 of 2010(D)
1. V. KRISHNAN, S/O. VELU,
... Petitioner
Vs
1. THE KERALA MOTOR TRANSPORT WORKERS
... Respondent
2. THE EXECUTIVE OFFICER,
3. THE DISTRICT EXECUTIVE OFFICER,
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent :SRI.P.RAMAKRISHNAN
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :20/05/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.15235 of 2010
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Dated this the 20th day of May, 2010
J U D G M E N T
The petitioner is the Managing partner of M/s.
Keerthy Travels, Palakkad. He is the registered owner of
a number of goods carriages as well as contract carriages.
He has been remitting contributions under the Kerala
Motor Transport Workers Welfare Fund Act, 1961
towards the welfare fund that has been established for
the benefit of the workmen. According to the petitioner,
he is remitting the contributions of the employer regularly
whereas the workmen have not been remitting their
contributions. Therefore, it is submitted that the
workmen are not eligible to the benefits of the scheme. In
view of the above, he has requested for the return of the
amounts remitted by him as welfare fund contributions.
He has submitted Exhibit P6 before the first respondent
detailing his grievance and requesting for refund of the
W.P.(C) No.15235 of 2010
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amounts remitted by him. The petitioner complains that
no orders have been passed on Exhibit P6 till date.
2. Adv. Sri. P.Ramakrishanan who appears for the
first respondent points out that as per para.38(4) of the
scheme, in cases where the employees default in payment
of their contribution, the employer’s contribution is
required to be credited to the “other welfare measures
fund account” at the end of the financial year. In view of
the above provision, it is contended that the petitioner is
not entitled to refund of the amount paid by him as
employer’s contribution. Therefore, his request under
Exhibit P6 is not liable to be granted.
3. In view of the fact that Exhibit P6 is pending
consideration before the first respondent, I do not want to
say anything about the respective contentions advanced
before me. It is sufficient that, this writ petition is
disposed of directing the first respondent to consider and
pass orders on Exhibit P6 without delay.
W.P.(C) No.15235 of 2010
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4. In the above circumstances, this writ petition is
disposed of directing the first respondent to consider
Exhibit P6 in accordance with law and to pass appropriate
orders there on as expeditiously as possible and at any
rate within a period of two months from the date of
receipt of a copy of this judgment.
K.SURENDRA MOHAN,
JUDGE.
rkc