IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1259 of 2007(Y)
1. M.K. CYRIAC, AGED 55 YEARS,
... Petitioner
Vs
1. JOINT SECRETARY TO GOVERNMENT,
... Respondent
2. DISTRICT EXECUTIVE OFFICER,
3. DEPUTY TAHSILDAR, REVENUE RECOVERY,
4. VILLAGE OFFICER, ETTUMANOOR,
For Petitioner :SRI.M.J.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :15/01/2007
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C)No.1259 OF 2007
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Dated this the 15th day of January, 2007
J U D G M E N T
Petitioner is challenging an order determining Motor
Transport workers Welfare Fund confirmed in appeal. On the
posting date, counsel could not appear on personal reasons.
However, appeal was dismissed without deferring it, against
which this writ petition is filed. On hearing the matter on merits,
I find demand is only for two workers. For that period petitioner
admittedly operated the stage carriage. This court has held that
at a time four workers are required to operate a stage carriage
and so much so petitioner cannot have any grievance against
demand of contribution for two workers.
2. In such circumstances and in petitioner’s own
interest, I decline to remand for hearing before the appellate
authority. However having regard to the financial hardship
expressed by the petitioner, petitioner is granted three equal
monthly instalments to clear the arrears exclusive of collection
charges. Petitioner will make payments before the 2nd
respondent. First instalment will be paid on or before 20.2.2007
W.P.(C)No.1259/2007 2
and the balance will be paid on or before 20th of the two
succeeding months. On production of receipt obtained for
payment from the 2nd respondent, the recovery authority will
close the proceedings against the petitioner.
Writ petition is disposed of as above.
(C.N.RAMACHANDRAN NAIR,
JUDGE)
ps