THANKAMMA JACOB Vs. DISTRICT EXECUTIVE OFFICER

JUDGEMENT

(1.) CHALLENGE is on the recovery proceedings initiated in the mater of contribution to the Motor Transport Workers Welfare Fund. The main grievance is stated in ground B which reads as follows: B. The finding in Ext.P3 that the assessment was made on the existing fair wages is absolutely incorrect and not based on any material. The petitioner's husband had maintained all the relevant records and the same would show that separate heads of account were being maintained for overtime allowances and commission data paid to the employees over and above the actual wages, which were in fact in excess of the fair wages.

(2.) THERE is no counter affidavit either by the assessing authority or by the appellate authority. In case the petitioner has kept the accounts showing separate heads in the matter of wages and overtime allowance, Commission etc., the fixation can only be in terms of the accounts. THERE is no point in taking the whole amount paid to the workers. I quash the impugned orders. THERE will be a direction to the 1st respondent to consider the matter afresh. A speaking order shall be passed adverting to the contentions taken by the petitioner with notice to the petitioner within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.