IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 26787 of 2011(W) ------------------------------------- PETITIONER(S): ----------------------- AUGUSTINE K.V, AGED 63 YEARS S/O.VARGHESE, KARAKKAPARAMBIL HOUSE L.P.S ROAD, PONNURUNNI, VYTIILA, ERNAKULAM 682 019 BY ADVS. SRI.E.S.M.KABEER SMT.M.R.JAYALATHA SMT.P.DEEPA MOHAN RESPONDENT(S): ------------------------ 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD ERNAKULAM 682 013. 2. THE REGISTERING AUTHORITY (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, ERNAKULAM 682 013. R1 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD R2 BY GOVT. PLEADER SRI.MANOJ P KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV/ W.P.C.NO.26787/2011 APPENDIX PETITIONER(S) EXHIBITS: P1 : COPY OF THE REGISTRATION PARTICULARS OF THE VEHICLE NO.KL-07-BE-3645 P2 : COPY OF THE DRIVING LICENCE SHOWING THE DATE OF BIRTH OF THE PETITIONER P3 : COPY OF THE JUDGEMENT IN WPC.NO.2814/10 DATED 29/01/10 P4 : COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED BY THE 2ND RESPONDENT DATED 22/12/06 RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE AV P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 26787 of 2011 ------------------------------- Dated this the 21st day of October, 2011 J U D G M E N T The petitioner, the owner of a motor car in respect of which a contract carriage permit valid till 18.12.2011 has been issued by the Regional Transport Authority, Ernakulam, has filed this writ petition seeking a direction to the second respondent to accept the motor vehicles tax due in respect of his vehicle without insisting on proof of payment of contribution to the Motor Transport Workers Welfare Fund. Relying on the decision of this Court in T.A.Aleemul Islam Trust v. State of Kerala (2009 (4) KLT 225) and Ext.P3 judgment in W.P.(C) No.2814 of 2010, it is contended that as a self- employed person, the petitioner is not liable to pay any contribution to the Kerala Motor Transport Workers' Welfare Fund. 2. I heard Sri.E.S.M.Kabeer, learned counsel appearing for the petitioner, Sri.P.Ramakrishnan, learned standing counsel appearing for the first respondent and Sri.Manoj.P.Kunjachan, learned Government Pleader appearing for the second respondent. The claim made by the petitioner in the instant writ petition is that he is a self- employed person who has crossed the age of 60 years and therefore he is not eligible to be a member of the Motor Transport Workers W.P.(C) No.26787/2011 2 Welfare Fund. It is not in dispute that this Court has in T.A.Aleemul Islam Trust (supra) held that those persons who have crossed the age of 60 years and are therefore not eligible for membership in the Motor Transport Workers Welfare Fund and are operating motor transport undertakings as self employed persons and possess a valid driving licence and badge, are not liable to pay contribution to the Motor Transport Workers Welfare Fund. The said judgment has attained finality. In such circumstances, I dispose of the writ petition with a direction that in the event of the petitioner producing before the first respondent, the licence and badge held by him and also documents to prove that he has crossed the age of 60 years, the first respondent shall, on being satisfied that the petitioner is a self employed person who has crossed the age of 60 years, issue a clearance certificate to the effect that he is not liable to pay contribution to the Motor Transport Workers Welfare Fund. Such a certificate shall be issued, if the petitioner is found eligible, within one week from the date on which the petitioner approaches the first respondent. The second respondent shall if the first respondent certifies that the petitioner is not liable to pay any contribution to the Motor Transport Workers Welfare Fund, receive the motor vehicles tax in respect of the motor W.P.(C) No.26787/2011 3 car bearing registration No.KL-07-BE-3645 without insisting on payment of contribution to the Motor Transport Workers Welfare Fund. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 26787 of 2011 JUDGMENT Dated:- 21st October, 2011 --------------------------------------