Mariyil Krishnan Nair vs The Deputy Labour Officer on 23 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30026 of 2009(W)


1. MARIYIL KRISHNAN NAIR
                      ...  Petitioner

                        Vs



1. THE DEPUTY LABOUR OFFICER
                       ...       Respondent

2. THE DISTRICT LABOUR OFFICER, THODUPUZHA.

                For Petitioner  :SRI.K.REGHU KOTTAPPURAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/10/2009

 O R D E R
                            S. Siri Jagan, J.
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                    W. P (C) No. 30026 of 2009
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                Dated this, the 23rd October, 2009.

                          J U D G M E N T

The petitioner is aggrieved by Ext. P3 assessment order

assessing amounts due from the petitioner towards cess under the

Building and Other Construction Workers Welfare Cess Act, 1996.

However, the petitioner now confines his relief for a direction to the

1st respondent to permit the petitioner to pay the amounts in

instalments. This is opposed by the learned Government Pleader who

appears for the respondents.

2. Having heard both sides, I dispose of this writ petition with a

direction to the 1st respondent to permit the petitioner to pay the

amounts demanded by Ext. P3 in 5 equal monthly instalmens starting

from 2-11-2009. Subsequent instalments shall be paid on the first

working day of every succeeding months. If the petitioner pays the

instalments on the due dates without default, further coercive

proceedings for recovery shall be kept in abeyance. However, if the

petitioner commits default in payment of any one instalment, it would

be open to the respondent to recover the entire amounts in lump sum

in accordance with law.

Sd/- S. Siri Jagan, Judge.

Tds/

[true copy]

P.S to Judge.