M.A. Mohana Pai vs State Of Kerala on 19 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2822 of 2005(J)


1. M.A. MOHANA PAI, ASHA NIVAS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT EXECUTIVE OFFICER,

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

                For Petitioner  :.

                For Respondent  :SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :19/08/2009

 O R D E R
             C.N.RAMACHANDRAN NAIR, J
                - - - - - - - - - - - - - - - - - - - - - - -
                 W.P.(C) No.2822 of 2005
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        Dated this the 19th day of August, 2009

                         J U D G M E N T

Petitioner is challenging demand of contribution

towards Motor Transport Workers Welfare Fund dues from

1987 to 1990 contending that the employees for whom the

demand is raised were partners. However, petitioner failed

to produce the partnership deed before the lower

authorities and even a copy is not available. Further

learned standing counsel pointed out from Ext.P1 order that

one of the employeeS at least gave statement that he was

an employee working in the stage carriage FOR 14 years

and was never a partner. I do not think there is any

bonafides in the case of the petitioner because partnership

remains unsubstantiated. Recovery is therefore possible,

from the petitioner. W.P.C is accordingly dismissed.

C.N.RAMACHANDRAN NAIR,
JUDGE

app/-