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1990 Supreme(Ker) 428

SANKARAN NAIR
District Executive Officer – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Petitioners - District Executive Officers, functioning under the Kerala Motor Transport Workers Welfare Fund Act, 1985, called the Act hereinafter, challenge orders of the appellate authority modifying orders passed by them.

2. S.3 of the Act provides for constitution of a welfare fund and S.6 for constitution of a Board to administer the fund. S.7 provides for appointment of officers to determine contributions payable by employers. Petitioners were so appointed. The Government or other authority specified by the Government, is empowered to hear appeals against orders made by such officers. Appellate orders made by Government are challenged by petitioners, who claim to be aggrieved by those orders. To show that they have locus standi, petitioners rely on S.35C(2) of the Central Excise & Salt Act which enables a Collector, to authorise his subordinate officers, to file appeals against orders of 'Appellate' Collectors. In that department, there are 'Collectors' and 'Appellate Collectors' and the latter perform only quasi-judicial functions.

3. Counsel for respondents submit that petitioners are not aggrieved persons, that permitting them to challenge orders of the appellate



















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