IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 23329 of 2009(I) -------------------------- PETITIONER: --------------- RAMEES, S/O.MUHAMMED, MELENANBYARAMBATH HOUSE, KANNANKARA P.O., CHELANNUR. BY ADV. MR. K.V.GOPINATHAN NAIR RESPONDENT: --------------- THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE. BY MR. PAULSON C. VARGHESE, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMA-CHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 23329 of 2009 and 23330 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 20th day of August, 2009 JUDGMENT The stage carriages bearing No. KL 13 P 2003 and KL 10 P 8109 were purchased by the respective petitioners and necessary endorsements were made in Certificates of Registration showing the transfer w.e.f. 29.5.2009 and 26.2.2009 respectively, as borne by Ext.P1 in both the cases. The case of the petitioners is that, when the petitioners approached the respondent for remittance of contribution towards the Motor Transport Workers' Welfare Fund, the same was not accepted stating that, it could be accepted only if the petitioners cleared the entire outstanding liability in respect of the workers, which in turn is sought to be challenged in the present Writ Petition. 2. When a similar matter had come up for consideration before this Court, it was made clear that the respondent could accept the current contribution payable from the owner, without prejudice to the right of the respondent to conduct an enquiry, as to who the actual 'employer' was, so as to enshoulder liability as envisaged under the Act. Obviously the term 'employer' has been defined under Section 2 (e) of the Act as given below. 2 (e) “employer” means, in relation to any motor transport undertaking, the person who, or the authority which, has the ultimate control over the affairs of the motor transport WP (C) No. 23329 of 2009 and 23330 of 2009 : 2 : undertaking, and where the said affairs are entrusted to any other person, whether called a manager, managing director, managing agent or by any other name, such other person; This shows that the 'employer' need not actually be the registered owner of the vehicle and that it will constitute any person who is having control, authority or managing affairs of the vehicle and as such, it is possible for any person to act as an employer, even though his name does not figure anywhere in the RC and will be liable to effect necessary contribution under the Act. 4. In the above facts and circumstances, the respondent is hereby directed to accept the current contribution from the petitioners and this will be without prejudice to the right of the respondent to conduct an enquiry as to the actual 'employer' in respect of the prior period and to have the liability fixed accordingly; of course after giving notice to all concerned. The above steps shall be pursued and finalized, as expeditiously as possible, at any rate within six months from the date of receipt of a copy of this judgment, if at all any liability is intended to be fixed on the petitioner in the alleged capacity as 'employer' under the Act. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd