IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 32927 of 2010(M) -------------------------- PETITIONER(S): --------------- THOMAS K.KURIAN, 326, KULAKKATTUSSERIL HOUSE, KURICHY.P.O., CHANGANACHERRY. (OWNER AND POSSESSOR OF LIGHT GOODS CARRIAGES KL-05/G 4842, KL-05/S 421, KL-05/V 373, KL-05/V 791, KL-33/A 7881, KL-05/Q 7622, KL-05/Q 7623 AND KL-05/Q 7624) BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, CHANGANACHERRY, PIN-686 032. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, CHALAKKUZHI BUILDING, C.M.S.COLLEGE ROAD, KOTTAYAM-686 001. 3. THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS EXECUTIVE OFFICER, KOTTAYAM. PIN-686 002. 4. DAIRY MANAGER, ERNAKULAM REGIONAL CO- OPERATIVE MILK PRODUCERS' UNION LIMITED, KOTTAYAM DAIRY, VADAVATHOOR.P.O., KOTTAYAM. PIN-686 010. BY GOVT. PLEADER SRI.BIJOY CHANDRAN SRI.K.S.MANU FOR R3 ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.32927 of 2010-M ---------------------------------------- Dated this the 8th day of November, 2010. J U D G M E N T Grievance of the petitioner is against non acceptance of motor vehicles tax with respect to vehicles owned by him, on insisting production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund. 2. It is contended that the petitioner's establishment is covered under provisions of the Employees’ Provident Fund and Miscellaneous Provisions Act (EPF Act) and the petitioner is paying contributions with respect to workers employed in the vehicles, to the Employees’ Provident Fund Scheme (EPF Scheme) formulated under the above Act. Exts.P1 and P2 are produced in support of the above contention. It is stated that as per Section 4 of the Kerala Motor Transport Workers Welfare Fund Act, a transport undertaking which is an establishment covered under the provisions of the EPF Fund Act is exempted from the W.P(C) No.32927 of 2010-M 2 purview of the said Act and from the Scheme framed thereunder. Therefore the petitioner is not liable for payment of contributions to the welfare fund, is the contention. 3. Standing counsel appearing for respondents 2 and 3 are conceding the above legal position. Under the above circumstances, it is not justifiable to deny acceptance of motor vehicles tax due with respect to vehicles owned by the petitioner, insisting on proof regarding payment of contributions to the Motor Transport Workers Welfare Fund. 4. By virtue of an interim order issued by this Court on 28.10.2010, the first respondent was directed to accept motor vehicles tax on a provisional basis without insisting for production of proof regarding payment of contributions to the welfare fund. It is submitted that the vehicle tax for the current period has already been paid in accordance with the above direction. 5. Under the above circumstances, the writ petition W.P(C) No.32927 of 2010-M 3 is disposed of directing the first respondent to receive motor vehicles tax with respect to vehicles bearing Nos.KL- 05/G 4842, KL-05/S 421, KL-05/V 373, KL-05/V 791, KL-33A 7881, KL-05/Q 7622, KL-05 Q 7623 and KL-05/Q 7624 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 the petitioner producing proof regarding payment of contributions to the Employees Provident Fund Scheme. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab