IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26285 of 2009(E)
1. V.KAMALAMMA, AYODHYA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT EXECUTIVE OFFICER,
3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY)
For Petitioner :SRI.P.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :17/09/2009
O R D E R
C.K.ABDUL REHIM, J
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W.P(C) No.26285 of 2009
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Dated this the 17th day of September, 2009
J U D G M E N T
1. Challenge in this writ petition is against Ext.P2
order of final determination issued by the second
respondent and Ext.P6 notice by which recovery steps are
initiated for realisation of the amounts covered under
Ext.P2, which pertains to contributions payable by the
employer for the years 1994 to 1996. The petitioner had
approached the appellate authority on an earlier occasion
and in Ext.P1 the second respondent was directed to pass
fresh orders. Ext.P2 order is issued consequent to the
direction contained in Ext.P1. With respect to the
subsequent period of 1996-97, the appellate authority had
remanded another determination order through Ext.P3
directing to conduct de nova enquiry and to pass fresh
orders of determination. In that case, the appellate
authority had specifically directed the second respondent to
consider the contention for deleting the name of the
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husband of the petitioner who is cited as an employee
(driver of the bus service), from the list of workers for
whom contributions are payable. On the basis of the
direction of the appellate authority, revised assessment
order was issued as evidenced by Ext.P4. The second
respondent accepted the contention and deleted name of
the husband of the petitioner from the list of employees.
2. Grievance of the petitioner is that on the basis of
the findings in Ext.P4, the 2nd respondent had not revised
Ext.P2 determination order, pertaining to the previous
period of 1994-96, deleting the name of the petitioner’s
husband and reducing the contribution payable accordingly.
In this regard the petitioner had filed Ext.P5 representation
before the first respondent seeking necessary directions.
Now pending consideration and disposal of Ext.P5
representation, recovery steps have been initiated as
evidenced by Ext.P6. Hence the writ petition.
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2. Heard standing counsel appearing for the second
respondent. It is contended that Ext.P2 order of final
determination pertaining to the period 1994-1996 was
issued as early as on 31.12.1998 and the petitioner has not
opted to file any appeal against the said order. Since Ext.P2
had attained finality, the same cannot be revised in view of
the findings in Ext.P3 appeal or on the basis of Ext.P4
revised order.
3. On the facts of the case, I find that the petitioner
ought to have been assessed with respect to two employees
only, since the husband of the petitioner who is working as
driver is held as not an employee entitled to get
contributions from welfare fund. But the facts remains that
the final determination order with respect to the years 1994
to 1996 had already attained finality because there was no
appeal. Hence on merits the contention raised by the
petitioner cannot be considered by this court for granting
any relief. The learned counsel for the petitioner submitted
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that the Government being the higher executive authority,
necessary directions can be issued on the basis of Ext.P5.
It is for the petitioner to pursue such remedies if available
before the Government, and it is for the Government to
decide as to whether any relief can be granted on Ext.P5
petition.
4. Having considered the entire facts, I am inclined
to direct to keep in abeyance recovery steps initiated
pursuant to Ext.P6 notice for a period of two months in
order to facilitate the petitioner to take appropriate steps
before the Government to pursue Ext.P5, if it is sustainable,
on condition of the petitioner paying an amount of
Rs.15,000/- out of the amount covered under Ext.P2, within
a period of one month from today.
C.K.ABDUL REHIM
JUDGE
app/-