V M KHALID Vs. STATE OF KERALA

JUDGEMENT

(1.) A learned single judge of this Court in Kunhipokku v. District Executive Officer (1993 (2) KLT Short Notes (Case No. 4), while dealing with the power of condonation of delay in Sub-section (5) of Section 8 of the Kerala Motor Transport Workers Welfare Fund Act, 1985 (hereinafter referred to as 'the Act') felt that in case Government is not entertaining the appeal filed beyond the period prescribed therein, the aggrieved party can invoke clause 83 of the Kerala Motor Transport Workers Welfare Fund Scheme, 1985 (hereinafter referred to as "the Scheme") which confers power on the Government to remove difficulties. The learned Judge felt that power under clause 83 is akin to what is possessed by Section 19-A of the Employees Provident Funds and Miscellaneous Provisions Act 1952 which enables removal of difficulties arising under the said Act.

(2.) Petitioner felt that his petition filed beyond the statutory period prescribed under Sub-section (5) of Section 8 of the Act could be entertained by the Government invoking clause 83 of the Scheme especially in the light of the decision in Kunhipokku's case, supra. Government vide Ext. P15 letter dated 11.1.2006 however found no reason to entertain such a petition and dismissed the same. Aggrieved by the same the present Writ Petition has been filed.

(3.) When the matter came up for hearing before a learned single Judge, Justice S. Siri Jagan, the learned Judge did not agree with the interpretation given in Kunhipokku's case and referred the matter to the Division Bench for an authoritative pronouncement.