IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH OCTOBER 2007 / 18TH ASWINA 1929 WP(C).No. 30098 of 2007(G) --------------------------------- PETITIONER: ---------------- KOSHY THANKACHAN, POOSARI BUNGLOW, KAYAMKULAM. BY ADV. SRI.G.HARIHARAN RESPONDENTS: ------------------ 1. THE REGIONAL TRANSPORT OFFICER, ALAPPUZHA. 2. JOINT R.T.O, KAYAMKULAM, ALAPPUZHA DIST. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD (ALAPPUZHA DISTRICT), AT HARIPAD. 4. OFFICE OF THE EMPLOYEES PROVIDENT FUND COMMISSIONER, KOCHI-17, REPRESENTED BY THE ACCOUNTS OFFICER. 5. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD BY ADV. SMT.I.SHEELADEVI SC FOR KMTWWF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC,J. ------------------------- W.P ( C) No. 30098 of 2007 -------------------------- Dated this the 10th October, 2007 J U D G M E N T Petitioner submits that his establishment is covered under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. On this basis, he contends that he is not liable to pay contribution under the Kerala Motor Transport Workers Welfare Fund Act. In several cases this Court has held that an establishment is covered under the Employees Provident Fund Scheme establishment is exempted from the Kerala Motor Transport Workers Welfare Fund Act. On this basis, petitioner cannot be held liable for contribution due under the Kerala Motor Transport Workers Welfare Fund Act. In view of this, I dispose of this writ petition directing that 3rd respondent shall issue a clearance certificate on the basis of which petitioner will be entitled to remit the tax in respect of vehicles. (ANTONY DOMINIC, JUDGE) ma K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007