MAKKARKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) More than six years have elapsed since the filing of this case. Challenge in this Original Petition is against Ext. P1 notification issued by the Government. In spite of that, either the Government or respondents 2 and 3 who are to administer Ext. P1, have not chosen to file a counter affidavit. The petitioner submits that Ext. P1 amendment to the Kerala Motor Transport Workers Welfare Fund Scheme, 1985 is totally arbitrary and unreasonable insofar as the amount paid by them in respect of the Welfare Fund account to their workers to be forfeited to the fund when the workmen becomes not eligible for the amount so paid by the employer.

(2.) Clause.46 of the Kerala Motor Transport Workers Welfare Fund Scheme provides for payment of Welfare Fund to Motor Transport Workers on completion of one year service. This provision was challenged earlier. The challenge was repelled as per the decision of this Court in Unni Mammu Haji v. State of Kerala ( 1989 (1) KLT 729 ). Even then, it was held in para 18 of the report as follows: