IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1354 of 2008()
1. GOPALAKRISHNAN NAIR,
... Petitioner
Vs
1. DISTRICT EXECUTIVE OFFICER,
... Respondent
2. DEPUTY TAHSILDAR(RR), PATHANAPURAM
3. VILLAGE OFFICER, MULAKKUDY
For Petitioner :SRI.M.NARENDRA KUMAR
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :04/02/2009
O R D E R
J.B.KOSHY, Ag.C.J. & V.GIRI, J.
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W.A.No.1354 of 2008
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Dated 4th February, 2009
JUDGMENT
Koshy, Ag.C.J.
Final determination order for recovery of arrears of Motor
Transport Workers Welfare Fund for the years 1999-2000 2000-2001 and
2001-02 was issued against the appellant/petitioner. According to the
petitioner, his vehicle was operated only as a substitute vehicle during the
relevant period. But, substitute vehicle also needed permit. Demand was
issued only for three workers, while the minimum required for operating a
stage carriage with two doors is four. Therefore, learned judge did not
interfere in the above order. Even otherwise, the final determination order
is appealable. Without filing proper appeal, the petitioner cannot
challenge the order. However, learned Judge granted a liberal instalment
facility. We see no ground to interfere in the above judgment. The appeal
was filed with 147 days’ delay and the delay was condoned and time fixed
for payment of arrears was also over. In the above circumstances, if the
balance arrears is paid within one month from today, no recovery
proceedings shall be taken against the petitioner.
The writ appeal is disposed of accordingly.
J.B.KOSHY
ACTING CHIEF JUSTICE
V.GIRI
JUDGE
tks