IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4530 of 2010(M) ------------------------- PETITIONER(S): --------------- K.V.KOSHY KADAVIL VADAKKETHIL, PILAPPUZHA,HARIPPAD. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- 1. STATE OF KERALA REP BY SECRETARY, LABOUR DEPARTMENT. 2. REGIONAL TRANSPORT OFFICER R.T.O OFFICE, KAYAMKULAM. 3. THE EXECUTIVE OFFICER KERALA STATE MOTOR EMPLOYEES WELFARE OFFICE HARIPPAD. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 4530 of 2010 -------------------------------------- Dated, this the 11th day of February, 2010 J U D G M E N T The issue involved in the present Writ Petition is whether there is any justification on the part of the 2nd respondent in compelling the petitioner, who has already crossed the age of 60 years and driving the vehicle bearing No. KL-04 A 6942 owned by him as a measure of self employment, to produce 'clearance certificate' from the 3rd respondent, as to the satisfaction of the contribution stated as due under the Kerala Motor Transport Workers’ Welfare Fund Act. 2. Heard the learned Government Pleader and learned counsel appearing for the first and the second respondents as well. The statute clearly contemplates eligibility to the 'Scheme' limiting the same only in respect of persons below the age of 60 years. This obviously means, nobody who has crossed the age of 60 years is entitled to get membership and as such, no contribution is liable to be paid by such person. The issue is squarely covered by the decision rendered by this Court in T.A. Aleemul Islam Trust Vs. State of Kerala [2009 (4) KLT 225] in favour of the persons like the petitioner, which position is fairly conceded from the part of the 1st and 2nd respondents as well. WP(C) No.4530/2010 2 3. In the above facts and circumstances, the 2nd respondent is directed to accept the tax in respect of the vehicle bearing No. KL 04A 6942, which is stated as owned and being driven by the petitioner himself on the basis of valid driving licence and badge, in respect of the period from 01.01.2010 to 31.12.2010, without insisting for any 'NOC' from the 3rd respondent. The Writ Petition is allowed as above. No cost. P. R. RAMACHANDRA MENON JUDGE dnc