High Court of KeralaWP(C)/18498/2015disposed of

Ayisha Thamarassery v. The Deputy Labour Officer

2015-06-193 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No. 18498 of 2015 (J) --------------------------------------- PETITIONER(S):

----------------------- AYISHA THAMARASSERY, AYAMON HOUSE, MALAPPURAM P.O, MALAPPURAM.

BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S):

-------------------------

1. THE DEPUTY LABOUR OFFICER, MALAPPURAM, ASSESSMENT OFFICER UNDER THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, MALAPPURAM 676 505.

2. THE SECRETARY, THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE FUND BOARD THYCAUD, THIRUVANANTHAPURAM 695 014.

3. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, ERANAD, MALAPPURAM 676 505.

4. THE VILLAGE OFFICER, MALAPPURAM VILLAGE, MALAPPURAM 676 505.

R1,3 & 4 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18498 of 2015 (J) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE ORDER NO.B21364/2013 ISSUED BY THE IST RESPONDENT DATED 12.1.15.

EXHIBIT P2.

COPY OF THE SHOWCAUSE NOTICE ISSUED BY THE IST RESPONDENT DATED 16.3.15.

EXHIBIT P3.

COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 19.3.15.

EXHIBIT P4.

COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C).No.18498 of 2015 ----------------------------------- Dated this the 19th day of June, 2015

J U D G M E N T

The petitioner challenges revenue recovery proceedings pursuant to demand under the provisions of the Building and Other Construction Workers Welfare Cess Act, 1996.

2. The petitioner's only prayer before this Court is that, she may permitted to discharge the liability by way of equal monthly installments.

3. Considering the facts and circumstances, the petitioner is permitted to discharge the entire liability in twelve equal monthly installments. The first of which shall be effected on or before 01.07.2015 to be followed by similar installments to be effected in the first week of succeeding months. If the petitioner commits default in satisfying any one of the installments as stipulated above, the officials are free to proceed against the petitioner in accordance with law. To work out above reliefs, all coercive steps against the petitioner shall be kept in abeyance.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.