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W.A. No. 1197 of 2002(E) and W.P. (C) No. 9677 of 2004. Case: Kerala Motor Transport Workers Welfare Fund Board Vs William Raynold. High Court of Kerala (India)

Judgment Cited in 3 Precedent Map Related
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Case NumberW.A. No. 1197 of 2002(E) and W.P. (C) No. 9677 of 2004
CounselFor Appellant: P. Ramakrishnan, Mohamed Mustaque and M.K. Sumod, Advs. And For Respondents: T. Ravikumar and Sahijan C.George, Advs. and C.K. Abdul Rahim, Government Pleader
JudgesN.K. Sodhi, C.J. and P.R. Raman, J.
IssueKerala Motor Transport Workers Welfare Fund Act, 1985 - Section 10; Revenue Recovery Act - Sections 2, 2(J) and 71
CitationILR 2004 (3) Kerala 172, 2004 (3) KLT 1083
Judgement DateJune 29, 2004
CourtHigh Court of Kerala (India)

Judgment:

N.K. Sodhi, C.J.

  1. This order will dispose of W.A. No. 1197 of 2002 arising out of O.P. No. 1213 of 1998 and also W.P.(C) No. 9677 of 2004 which has been referred to be heard by a Division Bench along with the Writ Appeal as common questions of law- and fact arise in both the cases. While allowing O.P. No. 1213 of 1998 (William Raynold v. Kerala Motor Transport Workers' Welfare Fund Board 2002 (3) KLT 377 the learned Single Judge has held that the amount due from an employer in pursuance of the provisions of the Kerala Motor Transport Workers' Welfare Fund Act, 1985 (for short "the Act") is not "public revenue due on land" within the meaning of Cl.(j) of Section 2 of the Kerala Revenue Recovery Act, 1968 (hereinafter called 'the Revenue Recovery Act'), and therefore the same could not be recovered by arrest of the defaulter and his detention in prison under Section 65 of the latter Act. The correctness of this view has been doubted by a learned Single Judge in W.P.(C) No. 9677 of 2004 and that is why it was ordered to be heard along with the Writ Appeal.

  2. The short question that arises for consideration in these two cases is - whether the view taken by the learned Single Judge in William Raynold's case (supra) is correct?

  3. Since the question involved in these cases is purely legal, it is not necessary to refer to the facts in detail. Respondent No. 1 in the Writ Appeal and the petitioner in the Writ Petition are the employers who are in arrears of the amount due from them under the provisions of the Act and in one case a notice under Section 65 of the Revenue Recovery Act has been issued to the employer to recover the arrears by issue of a warrant of arrest and in the other case a demand notice has been issued for the recovery of arrears by attachment and sale of immovable property. It is urged on behalf of the employers that the amount due from them is not "public revenue due on land" and therefore the same cannot be recovered under the provisions of the Revenue Recovery Act. Before we deal with this issue, it is necessary to refer to the relevant provisions of the Act and also those of the Revenue Recovery Act.

  4. The Act has been enacted to provide for the constitution of a fund to promote the welfare of. the motor transport workers in the State of Kerala. The State Government has framed a scheme under Section 3 of the Act called the "Motor Transport Workers' Welfare Fund Scheme" whereunder a fund has been established which vests in and is administered by the Kerala Motor Transport Workers' Welfare Fund Board (hereinafter called 'the Board') constituted under Section 6 of the Act. An employer and his employees have both to make contributions to the fund and it is the employer who, in the first instance, has to pay the contributions payable both by him and by the persons employed by him. Section 10 of the Act provides that if any amount due from an employer in pursuance of the provisions of the Act or the scheme is in arrear, the same shall be recovered together with interest thereon at the rate of 9 per cent per annum in the same manner as an arrear of public revenue due on land. Section 10 of the Act which is relevant for our purpose is reproduced hereunder for facility of reference.

    10. Mode of recovery of moneys due from employers.- Any amount due from the employer in pursuance of the provisions of this Act or...

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