IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24509 of 2011(K) ---------------------------------------- PETITIONER(S): ---------------------- THOMAS ABRAHAM, S/O.GEE VARGHESE ABRAHAM 61 YEARS, THEKKEMULAMOOTTIL HOUSE, MELPADAM P.O., MANNAR, ALAPPUZHA- 689 827. BY ADV. SRI.V.T.RAGHUNATH, SMT.C.V.RAJALAKSHMI. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM- 695 001. 2. THE REGIONAL TRANSPORT OFFICER, RTO OFFICE, KAYAMKULAM, ALAPPUZHA- 691 502. 3. THE EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ALAPPUZHA- 690 514. R1 & R2 BY GOVT. PLEADER MR.BIJOY CHANDRAN. R3 BY ADV. SRI.D.SAJEEV BABU, SC, KMTWWFB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 24509 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RC IN RESPECT OF AUTORIKSHAW NO.KL-4U 1533. EXT.P2: COPY OF THE PERMIT IN RESPECT OF AUTORIKSHAW NO.KL-4U 1533. EXT.P3: COPY OF THE DUPLICATE DRIVING LICENSE. EXT.P4: COPY OF THE RECEIPT DATED 20/08/2011 FOR PAYMENT OF THE CONTRIBUTION TOWARDS THE WELFARE FUND. EXT.P5: COPY OF THE FRONT PAGE OF THE PASSPORT. EXT.P6: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE R2 DATED 22/08/2011 TO RECEIVE THE TAX WITHOUT CLEARANCE CERTIFICATE. EXT.P7: COPY OF THE JUDGMENT IN WP(C) NO. 13032/2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 24509 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd day of September, 2011. J U D G M E N T The petitioner is the registered owner of an autorickshaw bearing Reg. No. KL-04/U-1355 and he is a self-employed person operating the said autorickshaw. The petitioner wanted to pay current motor vehicle tax in respect of the vehicle. The 2nd respondent refuses to accept the same on the ground that the petitioner should produce a clearance certificate from the 3rd respondent to the effect that there are no dues under the Kerala Motor Transport Welfare Fund. According to the petitioner, the petitioner has already crossed 60 years of age and therefore he cannot be a member of the Motor Transport Workers Welfare Fund any more. Consequently, he is not liable to pay any contributions also. Therefore, the 2nd respondent cannot insist on clearance certificate for payment of contributions under the Kerala Motor Transport Workers Welfare Fund Scheme is the contention. The petitioner therefore seeks the following reliefs: “a. issue a writ of mandamus or any other appropriate writ or directions to the 2nd respondent to receive the tax from the petitioner in respect of the autorickshaw No. KL 04U 1355 without having the clearance certificate of payment of the contribution towards the Motor Transport Workers Welfare Fund beyond the date 27.1.2011; b. issue a writ of mandamus or any other appropriate direction to the 3rd respondent to issue a certificate to the effect that the petitioner is not liable to make payment of the contribution towards the Motor Transport Workers Welfare W.P(C) No. 24509 of 2011 -: 2 :- Fund.” 2. This writ petition was admitted on 7.9.2011. Standing counsel took notice on behalf of the 3rd respondent and sought time to get instructions. Therefore, I posted the case after Onam holidays. After Onam holidays, the matter again came up before me on 20.9.2011. On that day, the standing counsel for the 3rd respondent was absent. Therefore, I posted the matter for disposal to today. Today also, the standing counsel is absent. I find that this particular standing counsel is absent on many days in cases coming up before me. I did not experience this difficulty while the earlier standing counsel was conducting cases. In the above circumstances, I have no other go but to dispose of this writ petition accepting that the averments in the writ petition are true. It is settled law that in respect of persons who have crossed 60 years of age are not expected to pay contributions under the Kerala Motor Transport Workers Welfare Fund Act. As such, the 2nd respondent cannot insist on clearance certificate from the 3rd respondent for accepting motor vehicle tax in respect of the petitioner's vehicle. Accordingly, the writ petition is allowed as prayed for. The 2nd respondent is directed to receive motor vehicle tax from the petitioner in respect of the autorickshaw bearing Reg. No. KL-04/U-1355 without insisting on clearance certificate for payment of contributions towards Motor Transport Welfare Fund beyond 27.1.2011 as and when tendered. If the petitioner files an application before W.P(C) No. 24509 of 2011 -: 3 :- the 3rd respondent for issuing a certificate to the effect that the petitioner is not liable to make payment of contribution towards Motor Transport Welfare Fund, the 3rd respondent shall consider the same and issue a certificate within one week from the date of receipt of the application. Sd/- S. Siri Jagan, Judge. Tds/ Registration number “KL-04/U-1355” occurring in line 2 of paragraph 1, line 3 of relief “a” quoted in page 1, line 10 of last paragraph of the judgment dated 22/09/2011 in W.P(C) No. 24509/2011 is corrected and substituted as “KL-04/U-1533”, vide order dated 27.10.2011 in I.A.16849/2011. Sd/- (Registrar Judicial)