K.Balagopala Pillai vs The Kerala Motor Transport … on 14 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33529 of 2007(N)


1. K.BALAGOPALA PILLAI,
                      ...  Petitioner

                        Vs



1. THE KERALA MOTOR TRANSPORT WORKERS'
                       ...       Respondent

2. THE DISTRICT EXECUTIVE OFFICER,

3. THE DEPUTY TAHSILDAR (R.R.),

4. THE VILLAGE OFFICER,

                For Petitioner  :SRI.B.SURESH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :14/11/2007

 O R D E R
                        ANTONY DOMINIC, J.
                       ===============
                  W.P.(C) NO. 33529 OF 2007 N
                 =====================

           Dated this the 14th day of November, 2007

                           J U D G M E N T

Exts. P1 and P2 are two final determination orders passed by

the respondents exercising their powers under the Kerala Motor

Transport Workers Welfare Fund Act. Though these orders were

passed as early as in 2003 and 2004, petitioner has not filed any

appeal against these orders. In view of this, his liability stands

undisputed and has become final. If that be so, there cannot be

any sustainable objection against the recovery that is sought to be

made. Hence no grounds are made out for interference.

2. However, taking into account the financial constraints

pointed out by the petitioner, I direct that the amount due in terms

of Exts. P3 and P4 will be permitted to be paid by the petitioner in

6 equal monthly instalments commencing from 1st of December

2007 and the balance shall be paid on the 1st of every succeeding

month. If payment is made as above, no coercive action will be

initiated for recovery of the amount.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp