High Court Kerala High Court

Jose K.Philip vs State Of Kerala on 12 December, 2007

Kerala High Court
Jose K.Philip vs State Of Kerala on 12 December, 2007
       

  

  

 
 
  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

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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

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