Disposed

P.D.Mathew @ Sebastian Mathew v. District Executive Officer

Kerala HC11 Mar 2010WP(C)/5857/2010

Case brief

AI extract

What is this about?

This Writ Court disposed of a petition concerning the Kerala Motor Transport Workers Welfare Fund contribution. Directing the first respondent to pass final orders expediently within two months, the court ensured compliance with a prior appellate direction that had set aside a determination order.

What did the court decide?

First respondent directed to pass final orders within two months of receiving the judgment copy.

P.D.Mathew @ Sebastian Mathew Vs District… — Labour and Industrial Disputes | Kerala HC (2010)

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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 K.SURENDRA MOHAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931

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WP(C).No. 5857 of 2010(F)

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PETITIONER(S):

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-------------------------

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P.D.MATHEW @ SEBASTIAN MATHEW, S/O.LATE SEBASTIAN, MALIYACKAL VEEDU, EZHUMUTTOM, THODUPUZHA, IDUKKI DISTRICT.

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BY ADVS. MR.N.HARIDAS, MR.P.N.SASIDHARAN, SMT.P.G.MANJU.

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RESPONDENT(S):

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1. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKER'S WELFARE BOARD, IDUKKI, THODUPUZHA.

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2. CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE BOARD, KOLLAM-1.

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3. SECRETARY, LABOUR & REHABILITATION (S) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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R3 BY GOVERNMENT PLEADAER MR. K.C. SANTHOSH KUMAR R2 BY ADV. MR.P.RAMAKRISHNAN, SC,KMTWF BOARD MR. PAULSON VARGHESE,SC,KMTWF BOARD MR.K.HARILAL, SC, KMTWF BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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K.SURENDRA MOHAN, J. ------------------------------------------W.P.(C) No.5857 of 2010

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Dated this the 11^th day of March, 2010

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JUDGMENT

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The dispute in this case concerns the contribution payable by the petitioner as Motor Transport Workers Welfare Fund contribution. The petitioner's wife was the owner of a Bajaj Tempo Trax vehicle which was registered as KL-6/5374. Contribution was demanded in respect of the workers who were alleged to have been working on the said vehicle. The petitioner disputed the coverage. The determination order passed in the case has been set aside by Ext.P5 order passed in appeal. It has been directed that final orders should be passed determining the amount due and payable by the petitioner after recording fresh evidence. The complaint of the petitioner is that though the order was passed as early as on 25.11.2007, no final orders have been passed as directed in Ext.P5, till date.

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Adv.Sri.Paulson Varghese who appears for the

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wpc No.5857/2010

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first respondent and Sri.P.Ramakrishnan who appears for the second respondent submit that fresh evidence as directed in Ext.P5 has already been taken and final orders in the matter would be passed within a short time.

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In the above circumstances, this Writ Petition is disposed of directing the first respondent to pass final orders in compliance with the direction contained in Ext.P5, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment.

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K.SURENDRA MOHAN, JUDGE

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css/

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wpc No.5857/2010 3

P.D.Mathew @ Sebastian Mathew v. District Executive Officer

Case brief

What is this about?

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P.D.Mathew @ Sebastian Mathew v. District Executive Officer

Case brief

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