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2004 Supreme(Ker) 275

P.R.RAMAN, N.K.SODHI
Kerala Motor Transport Workers Welfare Fund Board – Appellant
Versus
William Raynold – Respondent


Judgment :-

N.K.Sodhi, CJ.

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 C1.0) of S.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 S.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 R



















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