Dismissed

Abdul Kareem v. State of Kerala

Kerala HC2 Feb 2007OP/2352/2002

Case brief

AI extract

What is this about?

In this original petition, the petitioner challenged a demand for contribution to the Motor Transport Workers Welfare Fund based on alleged non-engagement of workers. The High Court held that the demand was raised after an enquiry and on evidence from the Employees Union. Noting that the appeal regarding non-engagement was already disposed of without being challenged, the Court found no scope for

What did the court decide?

The original petition challenging the demand for contribution was dismissed as there was no scope for interference with the demand based on union evidence.

Abdul Kareem Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

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FRIDAY, THE 2ND FEBRUARY 2007 / 13TH MAGHA 1928

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OP.No. 2352 of 2002(E)

PETITIONER:

ABDUL KAREEM, S/O.UNNI MOHAMMED HAJI, REPRESENTED BY POWER OF ATTORNEY HOLDER UNNI MOHAMMED HAJI, S/O.AVALANKUTTY, RESIDING AT KUTTEERI PURAYI HOUSE, P.O.PULLIPARAMBA, VIA.CHELAMBRA, MALAPPURAM DISTRICT.

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BY ADV. SRI.P.M.PADMANABHAN

SMT.SREEVIDYA VARMA

RESPONDENTS:

STATE OF KERALA, REPRESENTED BY SECRETARY, LABOUR & REHABILITATION DEPARTMENT, THIRUVANANTHAPURAM.

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THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE.

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THE DEPUTY TAHSILDAR (ARREAR COLLECTION) TALUK OFFICE, TIRURANGADI, MALAPPURAM DISTRICT.

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THE VILLAGE OFFICER, CHELEMBRA, MALAPPURAM DISTRICT.

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BY ADV. SRI.P.RAMAKRISHNAN, SC

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.No. 2352/2002

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ORDER ON CMP NO. 4126/2002 IN O.P.No. 2352/2002

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DISMISSED.

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02/02/2007 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1 PETITIONER.	COPY OF THE RECEIPT ISSUED BY THE WORKERS IN FAVOUR OF THE
EXT.P2 PETITIONER.	COPY OF THE RECEIPT ISSUED BY THE WORKERS IN FAVOUR OF THE
EXT.P3 PETITIONER.	COPY OF THE RECEIPT ISSUED BY THE WORKERS IN FAVOUR OF THE
EXT.P4 PETITIONER.	COPY OF THE RECEIPT ISSUED BY THE WORKERS IN FAVOUR OF THE
EXT.P5 PETITIONER.	COPY OF THE RECEIPT ISSUED BY THE WORKERS IN FAVOUR OF THE
EXT.P6 BEFORE THE	COPY OF THE APPEAL AND STAY PETITION FILED BY THE PETITIONER HON'BLE MINISTER FOR TRANSPORT ON 31/03/1989.
EXT.P7 BEFORE THE	COPY OF THE APPEAL AND STAY PETITION FILED BY THE PETITIONER HON'BLE MINISTER FOR TRANSPORT ON 31/03/1989.
EXT.P8 17/12/2001.	COPY OF THE NOTICE ISSUED by the 3RD RESPONDENT DATED
EXT.P9 17/12/2001	COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED // TRUE COPY //

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PA TO JUDGE

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C.N.RAMACHANDRAN NAIR, J.

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O.P. No. 2352 of 2002

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Dated, this the 2nd day of February, 2007

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J U D G M E N T

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This O.P. is filed challenging the demand of contribution towards Motor Transport Workers Welfare Fund. Counsel for the respondents submits that demand is raised after enquiry and based on evidence given by Employees Union. Even though petitioner claims that appeal filed is not disposed of, learned Standing Counsel submitted that appeal was disposed of vide order dated 20/02/1997. It is not under challenge in this O.P. In the circumstance, and the demand is based on evidence given by the Union about workers engaged, there is no scope for interference. This O.P. is accordingly dismissed.

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(C.N.RAMACHANDRAN NAIR, JUDGE.)

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Abdul Kareem v. State of Kerala

Case brief

What is this about?

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Abdul Kareem v. State of Kerala

Case brief

What is this about?

What did the court decide?

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