Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 1ST DAY OF FEBRUARY 2013 12TH MAGHA 193 WP(C).No. 19447 of 2012 (E) --------------------------- PETITIONER(S): -------------------------- ABDUL SAMAD K.K., KARUVANGATTA KAVIL HOUSE,RANGATTOOR, NADUVATTAM PO., KUTTIPPURAM,TIRUR, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER P.R.RAMESAN, S/O.PAPPU,COLONY NO.61,THOTTAPPALLY PO., ALAPPUZHA. BY ADVS.SRI.G.PRABHAKARAN SMT.R.PADMAKUMARI RESPONDENT(S): -------------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ALAPPUZHA,PIN.688 001.
2. THE REGIONAL TRANSPORT OFFICER CUM SECRETARY, REGIONAL TRANSPORT AUTHORITY,ALAPPUZHA 68 001. R1 BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC SRI.D.SAJEEV BABU, SC, KMTWWFB R2 BY GOVERNMENT PLEADER SMT.LISHA M.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2013, THE COURT ON THE SAME DAY DELIVERED ] THE FOLLOWING: Kss WPC.NO.19447/2012 E APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1 - TRUE COPY OF THE REGISTRATION CERTIFICATE VEHICLE NO. KL 10/R 8830.EXHIBIT-P2 - TRUE COPY OF THE COMBINED CHALLAN RECEIPT DATED 27 2.2012. EXHIBIT-P3 - TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM DATED 29 9.2011. EXHIBIT-P4 - TRUE COPY OF THE ORDER DATED 6 6.2012 IN WPC. NO.12810/2012. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V. CHITAMBARESH, J -------------------------------- WP(C) NO. 19447 OF 201.------------------------------------ Dated this the 1st day of February, 2013 JUDGMENT The petitioner asserts that he is already covered by the Employees Provident Funds and Miscellaneous Provisions Act, 1952 in respect of the employees engaged in his vehicle KL 10.R 8830.Therefore there is no necessity to pay contribution under the Kerala Motor Transport Workers Welfare Fund Act as evident by the Proviso to Section 4 thereof. The second respondent Regional Transport Officer shall accept motor vehicles tax in respect of the vehicle KL 10/R 883.without insisting on the clearance certificate from the first respondent District Executive Officer.
2. A copy of this judgment shall however be forwarded to the Assistant Provident Fund Commissioner, Alappuzha to ensure that the petitioner is covered by the Employees Provident Funds and Miscellaneous Provisions Act in respect of the employees attached to the vehicle. The Writ Petition is disposed of. V. CHITAMBARESH JUDGE ncd