IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11806 of 2005(E)
1. V.K.MOHANAN, AGED 56,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. KERALA MOTOR TRANSPORT WORKER'S
For Petitioner :SRI.N.M.MOHAMMED AYUB
For Respondent :SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :15/10/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.11806 OF 2005
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Dated this the 15th day of October, 2008.
J U D G M E N T
Petitioner is aggrieved by the proceedings initiated against
him in the matter of contribution to Kerala Motor Transport
Workers Welfare Fund. It is seen that the appellate authority has
remanded the matters to the second respondent for de novo
consideration.
2. Petitioner submits that the factual position which has
attained finality in Exhibit P1 will also have to be considered by
the second respondent. It is also submitted that there is a
decision in favour of the petitioner in Rajendran Nair vs. State
of Kerala (2002(3)KLT 76).
This writ petition is disposed of making it clear that the
second respondent shall advert to the contentions taken by the
petitioner, particularly the two referred to above, while disposing
the matter as directed by the appellate authority.
Needless to say that the petitioner will be afforded an opportunity
W.P.(C) No.11806/05 2
for hearing before passing the order. Interim order passed by
this Court will continue till such time.
KURIAN JOSEPH, JUDGE.
smp
W.P.(C) No.11806/05 3
KURIAN JOSEPH, J.
W.P.(C) No. 11806 OF 2005
J U D G M E N T
15.10.2008