IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 12679 of 1998(H)
1. A.K.LOHITHAKSHAN
... Petitioner
Vs
1. THE DIST.OFFICER, KMTWWFB
... Respondent
For Petitioner :SRI.P.N.SANTHOSH
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :07/12/2010
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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O.P. No.12679 of 1998
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Dated this the 7th day of December, 2010.
JUDGMENT
Challenge is against revenue recovery proceedings for recovery
of arrears of Motor Transport Workers Welfare Fund in respect of a
stage carriage which was owned and operated by the petitioner.
According to the petitioner, without transferring the Registration
Certificate of the vehicle, possession was given to the 4th respondent
on 15.9.1993 and therefore, 4th respondent is liable. The petitioner
has stated that the 4th respondent is called upon to pay Motor Transport
Workers Welfare Fund for the same vehicle and for that purpose he has
filed O.P. No.8291/1998 wherein petitioner herein is the 4th
respondent. However, on verifying with the Registry it is seen that this
court has disposed of O.P. No.8291/1998 directing enquiry in the
matter and the further direction therein is that if petitioner in that O.P.
was operating the vehicle and he has given statement in that respect,
then he is liable to pay Welfare Fund contribution for the workers and
the same is recoverable from him. The question of liability on
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petitioner herein or the 4th respondent in the disposed of O.P., will
depend on as to who was operating the vehicle with the employees.
Since parties are the same in both the O.Ps., I feel the earlier judgment
should squarely apply herein as well. I, therefore, dispose of the O.P.
directing the first respondent to determine liability after fresh enquiry
based on the observations and findings in the judgment in O.P.
No.8291/1998 after hearing both the parties and if required, after taking
evidence from the employees. If liability is not finalised in terms of
the judgment in the other case, then fresh enquiry should be completed
without any delay and recovery should be based on the revised
adjudication orders or based on adjudication orders if already issued.
C.N.RAMACHANDRAN NAIR
Judge
pms