IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 33077 of 2010(H) ---------------------------------------- PETITIONER(S): ------------------------ P.SREEKANDAN NAIR, CHAMPAKARA MOTORS, LAKSHMI VIHAR, KARUKACHAL. BY ADVS. SRI.K.V.GOPINATHAN NAIR, SMT.G.CHITRA. RESPONDENT(S): ---------------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, CHANGANACHERRY, PIN-686 032. 2. THE REGIONAL TRANSPORT OFFICER, PATHANAMTHITTA, PIN-689 645. 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, CHALAKKUZHI BUILDING, C.M.S.COLLEGE ROAD, KOTTAYAM-686 001. 4. THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS EXECUTIVE OFFICER, KOTTAYAM-686 002. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R3 BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION R4 BY ADV. SRI. K.S.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 33077 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 1st day of November,2010 JUDGMENT Grievance of the petitioner is regarding non- acceptance of Motor Vehicles Tax due with respect to 17 Stage Carriages, owned by petitioner's establishment, insisting on production of proof regarding payment of contributions to the Kerala Motor Transport Workers' Welfare Fund. 2. Contention of the petitioner is that his establishment is registered under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (EPF Act) and that he is promptly remitting contributions due to the Scheme formulated thereunder. Ext.P1 is produced in support of the above claim. It is contended that petitioner, being an establishment covered under the EPF Act, is not liable for payment of contributions to the Kerala Motor Workers' Welfare Fund Act and the Scheme framed thereunder. Therefore, insistence of WPC 33077/2010 2 production on proof regarding payment of contributions is not justifiable, is the contention. 3. Heard; learned counsel appearing for the 4th respondent and learned Government Pleader appearing for respondents 1 and 2. 4. It is settled law that if the motor transport undertaking is an establishment covered under the provisions of the EPF Act and if such establishment is paying contributions to the scheme formulated thereunder, such establishment is exempted from payment of contribution to the Motor Transport Workers' Welfare Fund. Therefore, I am of the opinion that a direction can be issued to respondent 1 and 2 to accept Motor Vehicles Tax without insisting production of proof regarding payment of contribution to the Kerala Motor Transport Workers' Welfare Fund, provided the petitioner produced proof regarding payment of contribution to the E.P.F. Scheme. 5. In the result, the writ petition is disposed of directing respondent 1 and 2 to accept Motor Vehicles Tax WPC 33077/2010 3 with respect to the 17 vehicles owned by the petitioner, without insisting for production of proof regarding payment of contributions to the Kerala Motor Transport Workers' Welfare Fund, subject to condition of the petitioner producing proof regarding payment of contributions to the Employees' Provident Fund Scheme. C. K. ABDUL REHIM, JUDGE. mn.