Nirmala Antony vs District Executive Officer on 29 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31323 of 2006(D)


1. NIRMALA ANTONY, AGED 41 YEARS,
                      ...  Petitioner

                        Vs



1. DISTRICT EXECUTIVE OFFICER,
                       ...       Respondent

2. C. KUNHAMBU NAIR, S/O.P. KUNHANBU NAIR,

3. THE SPECIAL DEPUTY TAHSILDAR (R.R.)

                For Petitioner  :SRI.T.K.VIPINDAS

                For Respondent  :SRI.M.THAMBAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :29/08/2008

 O R D E R
                  C.N. RAMACHANDRAN NAIR, J.
                  --------------------------------------------
                       W.P.C. NO.31323 OF 2006
                  --------------------------------------------
                Dated this the 29th day of August, 2008

                                JUDGMENT

Petitioner is challenging recovery proceedings for recovery of

Motor Transport Workers Welfare Fund contribution payable for a

stage carriage admittedly operated by the petitioner. According to the

petitioner, second respondent was the registered owner and petitioner

entrusted the contribution to the second respondent for remittance.

Since determination order is issued in the name of the petitioner as

operating owner of the vehicle, petitioner has to discharge the liability.

If payment is not made, recovery is permissible against the petitioner.

So far as arrangement between the petitioner and the second

respondent, it is for the petitioner to file civil suit to settle the dispute

between them.

W.P. is dismissed with the above observation.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

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