Partly allowed

R.A. Salim v. the Kerala Building & Other Construction Workers -Welfare Board

Kerala HC25 Jan 2023WP(C)/2453/2023

Case brief

AI extract

What is this about?

The High Court allowed the petitioners to pay the assessed cess in eight equal monthly installments due to their financial straits and directed recovery proceedings to be kept in abeyance pending compliance.

What did the court decide?

Permitted payment of the assessed cess in eight equal monthly installments; kept recovery proceedings in abeyance pending compliance.

R.A. Salim Vs the Kerala Building & Other… — Labour and Industrial Disputes | Kerala HC (2023)

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WP(C) NO. 2453 OF 2023

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 25^TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944

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WP(C) NO. 2453 OF 2023

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PETITIONERS:

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1 R.A. SALIM AGED 55 YEARS S/O, ABU, RAYAMARAKAR VEETIL, IRINGAPURAM P.O., GURUVAYOOR, THRISSUR-. PIN - 680103

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2 KAMILA SALIM AGED 50 YEARS W/O, R.A. SALIM, RAYAMARAKAR VEETIL, IRINGAPURAM P.O., GURUVAYOOR, THRISSUR-. PIN - 680103 BY ADVS. TERRY V.JAMES DAVIS J.CHIRAMEL

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RESPONDENTS:

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1 THE KERALA BUILDING & OTHER CONSTRUCTION WORKERS -WELFARE BOARD NIRMAN BHAVAN, METTUKADA, THYCAUD, THIRUVANANTHAPURAM-695014. REPRESENTED BY ITS SECRETARY

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WP(C) NO. 2453 OF 2023 2

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2 THE ASSISTANT/DEPUTY LABOUR OFFICER GRADE-1, DISTRICT LABOUR OFFICE, CIVIL STATION, AYYANTHOLE P.O., THRISSUR, PIN - 680003

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SMT AMMINIKUTTY, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2023, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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WP(C) NO. 2453 OF 2023

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JUDGMENT

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This writ petition is filed seeking to quash Ext.P4 assessment order issued by the 2nd respondent and for ancillary reliefs.

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The petitioners assert that they have carried out the construction of commercial as well as residential apartments. Invoking the provisions of Kerala Building and Other Construction Workers Welfare Cess Act, 1996, Ext.P1 assessment notice has been issued proposing a cess amount of Rs.5,30,791/-. The petitioners state that they have already paid a sum of 1,82,000/- as is evident from Ext.P5.

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The learned counsel appearing for the petitioners submits

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that the petitioners have decided to accept the assessment amount and their only request at this stage is for grant of an opportunity to pay the amount assessed as per Ext.P4 in equal monthly installments. The learned counsel submits that the petitioners are financially in dire straits and if such a facility is granted, they would be in a position to clear off the amounts due.

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WP(C) NO. 2453 OF 2023

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I have heard the learned Government Pleader and Sri. Krishnamoorthy, the learned Standing Counsel appearing for the 1st respondent.

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Having regard to the submissions advanced and also the impecunious circumstances plaguing the petitioners, I am of the considered opinion that indulgence can be granted to the petitioners to enable them to clear off the amounts due to the 1st respondent.

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Resultantly, this writ petition is ordered, and the following directions are issued.

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a) The respondents shall permit the petitioners to pay the amount made mention of in Ext.P4 assessment order less the amount already paid in eight equal monthly installments. The first installment shall be payable on 5.2.2023.

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b) The respondents shall keep the recovery proceedings, if any, initiated against the petitioners in abeyance, if they comply with the directions above and continue to pay the amounts as ordered by this Court without any default.

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c) On the petitioners committing default of payment of any

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WP(C) NO. 2453 OF 2023

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installments as ordered above, the respondents may

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recommence the recovery proceedings.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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WP(C) NO. 2453 OF 2023

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APPENDIX OF WP(C) 2453/2023

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PETITIONERS' EXHIBITS:

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Exhibit P1 TRUE COPY OF NOTICE DATED 9.8.2021 FROM THE 2ND RESPONDENT TO THE PETITIONER

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Exhibit P2 TRUE COPY OF IT RETURN ACKNOWLEDGEMENT OF THE PETITIONER FOR AY 2019-20

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Exhibit P3 TRUE COPY OF IT RETURN ACKNOWLEDGEMENT OF THE PETITIONER IN HIS INDIVIDUAL CAPACITY FOR AY 2020-21.

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Exhibit P4 TRUE COPY OF ASSESSMENT ORDER DATED 4.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

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Exhibit P5 TRUE COPY OF RECEIPTS DATED 29.10.2021 AND 30.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

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RESPONDENTS' EXHIBITS:

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NIL

R.A. Salim v. the Kerala Building & Other Construction Workers -Welfare Board

Case brief

What is this about?

What did the court decide?

R.A. Salim v. the Kerala Building & Other Construction Workers -Welfare Board

Case brief

What is this about?

What did the court decide?

What the court decided

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