P ABDURAHIMAN, S/O MOHAMED Vs. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD MALAPPURAM

JUDGEMENT

(1.) The petitioner is the owner of a motor transport undertaking. He was assessed to contributions under the Motor Transport Workers Welfare Fund Act and Scheme by Ext.P3 order. On the ground that two of the employees were not permanent employees, but only temporary employees who were engaged only when the permanent employees were on leave, petitioners challenged the demand for contribution in respect of them before the Government by filing an appeal under Section 8(5) of Kerala Motor Transport Workers Welfare Fund Act. By Ext.P4 order that appeal was rejected. It is under the above circumstances, petitioner has filed this writ petition seeking the following reliefs.

(2.) The contention of the petitioner is that the finding in Ext.P4 order that the assessment was based on the deposition of the employer and worker is not correct, since going by Ext.P5 and P5(a) depositions of the petitioner and one of the workers respectively, they had not admitted that those employees are liable to be covered under the Act. According to the petitioner, the impugned orders are perverse and therefore liable to be set aside holding that those two employees are not eligible to be enrolled under the scheme for the purpose of the payment of contributions under the Act.

(3.) The learned Standing Counsel appearing for the 1st respondent would seek to controvert the contentions of the petitioner.