E.Balakriashnan and ors. Vs. State of Kerala and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1018150
CourtKerala High Court
Decided OnJul-12-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantE.Balakriashnan and ors.
RespondentState of Kerala and Others
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh friday, the 12th day of july 2013 21st ashadha, 1935 wp(c).no. 2875 of 2009 (p) --------------------------- petitioner(s): ----------------- 1. e.balakrishnan, s/o.kanaran, aged 6 years, aiswarya, nut street vadakara, kozhikode, district.2. m.v.krishnan, s/o.kannan, aged 6 years kuzhichalil house, nadakkuthazha, vadakara taluk 3 n.k.kunjiraman, s/o.kelappan, aged 6 years, neelachikkunnummel house, mokeri p.o. vadakara.4. moosa c.p., s/o.ammathu, aged 6 years, kottayulla parambathy house, thiruvalloore p.o. vadakara.5. o.sreedharan, s/o.chandran nair, aged 4 years, padinjare othayuthu house villiappilly p.o. vadakara. by advs.sri.john joseph(roy) sri.lawrence d'cunha respondent(s): ------------------ 1. state of kerala, represented by transport commissioner, transport towers, vazhuthakadu thiruvananthapuram.2. the regional transport officer, office of the r.t.o., vadakara, kozhikodu district.3. kerala motor transport workers fund board, kozhikodu. r1 by adv. sri. t. naveen b/o r by government pleader sri.shaij raj.t.k. r by sri.p.ramakrishnan, sc,kmtwf board this writ petition (civil) having been finally heard on 12-07-2013, the court on the same day delivered the following: appendix in w.p.(c) no.2875 of 2009 petitioner(s) exhibits exhibit p1 : true copy of the first page of the r.c.book of vehicle of the first petitioner. exhibit p2 : true copy of the driving licence with badge number of the first petitioner. exhibit p3 : true copy of permit of vehicle no.kl-11/e/-945. exhibit p4 : true copy of the r.c.book of the vehicle of the second petitioner. exhibit p5 : true copy of the driving licence of the second petitioner with badge number. exhibit p6 : true copy of the first page of the r.c.book of the third petitioner. exhibit p7 : true copy of the driving licence of the third petitioner. exhibit p8 : true copy of the permit of the vehicle. exhibit p9 : true copy of the voters identity card issued to the third petitioner. exhibit p10 : true copy of the r.c.book of the fourth petitioner. exhibit p11 : true copy of the permit of the vehicle of the fourth petitioner. exhibit p12 : true copy of the election identity card issued to the fourth petitioner. exhibit p13 : true copy of the driving licence issued to the fourth petitioner. exhibit p14 : true copy of the r.c.book of the vehicle of the fifth petitioner. exhibit p15 : true copy of the driving licence of the fifth petitioner. exhibit p16 : true copy of the circular dated 26 9.07. exhibit p17 : true copy of the reply to the identical persons on identical situation. exhibit p18 : true copy of the reply dated 11 3.2008 issued by the third respondent. //true copy// p.s. to judge. v.chitambaresh, j.------------------------------- w.p (c) no.2875 of 2009 ------------------------------- dated this the 12th day of july, 2013 judgment the contention that the petitioners are self employed persons and hence not liable to pay contribution towards the kerala motor transport workers welfare fund act is rejected. this is because of the dictum laid down by this court in dharmarathnam v. state of kerala [2012 (1) klt 895].2. but the contention of petitioners 1 to 4 (excluding the fifth petitioner) that they are not liable to pay contribution towards the kerala motor transport workers welfare fund on account of their attaining 60 years of age is liable to be accepted. this is because of the dictum laid down in moidu v. state of kerala [w.p (c) no.31737 of 2008 and connected cases] .3. it is reported that the second petitioner has since sold the vehicle kl-18 a-226 to one sri.mohammed ali, s/o.mammu. it is clarified that the third respondent is entitled to accept the contribution in respect of the vehicle from the present registered owner with effect from the date of transfer. the writ petition is disposed of. v.chitambaresh, judge. nj.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 12TH DAY OF JULY 2013 21ST ASHADHA, 1935 WP(C).No. 2875 of 2009 (P) --------------------------- PETITIONER(S): ----------------- 1. E.BALAKRISHNAN, S/O.KANARAN, AGED 6 YEARS, AISWARYA, NUT STREET VADAKARA, KOZHIKODE, DISTRICT.

2. M.V.KRISHNAN, S/O.KANNAN, AGED 6 YEARS KUZHICHALIL HOUSE, NADAKKUTHAZHA, VADAKARA TALUK 3 N.K.KUNJIRAMAN, S/O.KELAPPAN, AGED 6 YEARS, NEELACHIKKUNNUMMEL HOUSE, MOKERI P.O. VADAKARA.

4. MOOSA C.P., S/O.AMMATHU, AGED 6 YEARS, KOTTAYULLA PARAMBATHY HOUSE, THIRUVALLOORE P.O. VADAKARA.

5. O.SREEDHARAN, S/O.CHANDRAN NAIR, AGED 4 YEARS, PADINJARE OTHAYUTHU HOUSE VILLIAPPILLY P.O. VADAKARA. BY ADVS.SRI.JOHN JOSEPH(ROY) SRI.LAWRENCE D'CUNHA RESPONDENT(S): ------------------ 1. STATE OF KERALA, REPRESENTED BY TRANSPORT COMMISSIONER, TRANSPORT TOWERS, VAZHUTHAKADU THIRUVANANTHAPURAM.

2. THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE R.T.O., VADAKARA, KOZHIKODU DISTRICT.

3. KERALA MOTOR TRANSPORT WORKERS FUND BOARD, KOZHIKODU. R1 BY ADV. SRI. T. NAVEEN B/O R BY GOVERNMENT PLEADER SRI.SHAIJ RAJ.T.K. R BY SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.2875 of 2009 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE FIRST PAGE OF THE R.C.BOOK OF VEHICLE OF THE FIRST PETITIONER. EXHIBIT P2 : TRUE COPY OF THE DRIVING LICENCE WITH BADGE NUMBER OF THE FIRST PETITIONER. EXHIBIT P3 : TRUE COPY OF PERMIT OF VEHICLE NO.KL-11/E/-945. EXHIBIT P4 : TRUE COPY OF THE R.C.BOOK OF THE VEHICLE OF THE SECOND PETITIONER. EXHIBIT P5 : TRUE COPY OF THE DRIVING LICENCE OF THE SECOND PETITIONER WITH BADGE NUMBER. EXHIBIT P6 : TRUE COPY OF THE FIRST PAGE OF THE R.C.BOOK OF THE THIRD PETITIONER. EXHIBIT P7 : TRUE COPY OF THE DRIVING LICENCE OF THE THIRD PETITIONER. EXHIBIT P8 : TRUE COPY OF THE PERMIT OF THE VEHICLE. EXHIBIT P9 : TRUE COPY OF THE VOTERS IDENTITY CARD ISSUED TO THE THIRD PETITIONER. EXHIBIT P10 : TRUE COPY OF THE R.C.BOOK OF THE FOURTH PETITIONER. EXHIBIT P11 : TRUE COPY OF THE PERMIT OF THE VEHICLE OF THE FOURTH PETITIONER. EXHIBIT P12 : TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE FOURTH PETITIONER. EXHIBIT P13 : TRUE COPY OF THE DRIVING LICENCE ISSUED TO THE FOURTH PETITIONER. EXHIBIT P14 : TRUE COPY OF THE R.C.BOOK OF THE VEHICLE OF THE FIFTH PETITIONER. EXHIBIT P15 : TRUE COPY OF THE DRIVING LICENCE OF THE FIFTH PETITIONER. EXHIBIT P16 : TRUE COPY OF THE CIRCULAR DATED 26 9.07. EXHIBIT P17 : TRUE COPY OF THE REPLY TO THE IDENTICAL PERSONS ON IDENTICAL SITUATION. EXHIBIT P18 : TRUE COPY OF THE REPLY DATED 11 3.2008 ISSUED BY THE THIRD RESPONDENT. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.

------------------------------- W.P (C) No.2875 of 2009 ------------------------------- Dated this the 12th day of July, 2013 JUDGMENT

The contention that the petitioners are self employed persons and hence not liable to pay contribution towards the Kerala Motor Transport Workers Welfare Fund Act is rejected. This is because of the dictum laid down by this Court in Dharmarathnam v. State of Kerala [2012 (1) KLT 895].

2. But the contention of petitioners 1 to 4 (excluding the fifth petitioner) that they are not liable to pay contribution towards the Kerala Motor Transport Workers Welfare Fund on account of their attaining 60 years of age is liable to be accepted. This is because of the dictum laid down in Moidu v. State of Kerala [W.P (C) No.31737 of 2008 and connected cases] .

3. It is reported that the second petitioner has since sold the vehicle KL-18 A-226 to one Sri.Mohammed Ali, S/o.Mammu. It is clarified that the third respondent is entitled to accept the contribution in respect of the vehicle from the present registered owner with effect from the date of transfer. The Writ Petition is disposed of. V.CHITAMBARESH, Judge. nj.