Court directs consideration of refund application for ineligible welfare fund contributions with hearing within time frame.

JUDGMENT

The petitioner is stated to be the owner of a mini bus. He had remitted the welfare fund for two persons to the 2^nd respondent herein, under the Kerala Motor Transport Workers Welfare Fund . The petitioner states that the 2^nd respondent directed him to make payment in respect of three employees. Based on that direction, he remitted a further amount of Rs. 43,400/-, as evidenced by Exts. P1 to P4 receipts. However, according to the petitioner, the 1st respondent, pursuant to Exts. P6 and P8 informed him that the third employee, namely Abraham V.N., could not be included in the welfare fund. On account of this, the petitioner states that the payment effected as above requires to be refunded to him. The petitioner has also submitted Ext.P10 application before the respondent Board seeking the afore prayer. It is in such circumstances that the petitioner has approached this Court since Ext.P10 submitted as above has not been acted upon by the respondents.

2. I have heard Sri.Mathew John, the learned counsel for the petitioner, as well as Sri. P.Ramakrishnan, the learned Standing Counsel for the respondents herein.

3. A counter affidavit has been filed by the respondents herein, contending that the payment effected as above essentially represents arrears of contribution, as stipulated in paragraph 28 of the scheme. The respondents have also pointed out that Abraham V.N, could not be included in the scheme, since he had not been originally making payments in the beginning.

4. In any event, I am of the opinion that since the petitioner has admittedly submitted Ext.P10 application seeking refund, it is for the 2^nd respondent herein to consider the same and pass appropriate orders, in accordance with law, within a time frame.

In such circumstances, this writ petition would stand disposed of, directing the competent among the respondents to consider and pass orders on Ext.P10 representation filed by the petitioner, with notice and an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment.