IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 18282 of 2001(B)
1. JOSE K.PHILIP
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.MVS.NAMBOOTHIRY
For Respondent :SRI.V.V.SURENDRAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :12/12/2007
O R D E R
C.N. RAMACHANDRAN NAIR, J.
--------------------------------------------
O.P. NO. 18182 OF 2001
--------------------------------------------
Dated this the 12th day of December, 2007
JUDGMENT
Petitioner is challenging the demand for motor transport workers
welfare fund contribution in respect of stage carriage of which
petitioner was the registered owner and fifth respondent was the
operating owner. Even though petitioner was served with provisional
determination order, petitioner did not choose to file any objection.
Therefore the demand as proposed was finalised and final
determination order was sent to the petitioner, which the petitioner
declined to receive. However, it is seen that fifth respondent received
the final determination order and he contested the same in appeal,
though unsuccessfully. The demand is only for three workers and no
stage carriage can be operated without three workers. Therefore there
is no scope for interfering with the demand. So far as recovery is
concerned, it is for the petitioner and the fifth respondent to decide as
to who should pay which will depend upon the terms under which
petitioner gave his stage carriage to the fifth respondent for operating
2
it. O.P. is accordingly dismissed, leaving freedom to respondents 3 and
4 to recover the amount from the petitioner and fifth respondent.
(C.N. RAMACHANDRAN NAIR)
Judge
3