IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 19674 of 2008(P) -------------------------- PETITIONER(S): --------------- THE HEADMISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL, KADUNGAPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRASPORT COMMISSIONERATE, THIRUVANANTHAPURAM. 3. THE JOINT REGIONAL TRASPORT OFFICER, PERINTHALMANNA. 4. KERALA MOTOR TRASPORT WORKERS WELFARE FUND,REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER, MALAPPURAM. G.P. SMT.T.B.RAMANI FOR R1 TO R3 ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF JUDGMENT DT.3.3.2003 IN W.P.(C) NO.1734/08 AND CONNECTED CASES. TRUE COPY PS TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.19674 of 2008 .................................................................... Dated this the 26th day of May, 2010. JUDGMENT Ramachandran Nair, J. Since the issue is covered by decision in CHIEF EXECUTIVE OFFICER VS. REGIONAL TRANSPORT OFFICER reported in 2008 (4) KLT 997, we allow the Writ Petition declaring that petitioner is not liable to pay Motor Transport Workers Welfare Fund contribution in respect of employees engaged in the School Bus. However, the judgment will not be operative for hired buses with employees of the owners. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms