IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2814 of 2010(B) ------------------------- PETITIONER(S): --------------- M.A.HUSSAIN, AGED 62 YEARS, S/O. LATE ABDUL KHADER, VALIYACHETTIPARAMBIL HOUSE, DESHABHIMANI ROAD, KALOOR P.O., KOCHI-17. BY ADV. SRI.ESM.KABEER RESPONDENT(S): --------------- 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. THE REGISTERING AUTHORITY(TAXATION OFFICER), REGIONAL TRANSPORT OFFICER, ERNAKULAM. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 2814 of 2010 --------------------------------------- Dated, this the 29th day of January, 2010 J U D G M E N T The issue involved herein is whether the refusal on the part of the 2nd respondent in accepting the tax from the petitioner in respect of the vehicle bearing No. KL 07 AG 9715, which is stated as being owned and operated by the petitioner as a measure of self employment, insisting for production of clearance certificate under the Kerala Motor Transport Workers' Welfare Fund Act/Scheme is correct or sustainable, the petitioner having crossed the age of 60 years. 2. The issue had already come up for consideration before this Court in WP(C) 582/2008 and connected cases. Referring to the terms 'employer', 'self employed person', 'superannuation' etc. as defined in the statute and also as to the scheme of the enactment, it was held by this Court that the persons who have already crossed the age of 60 years are not eligible to obtain membership under the Scheme and hence that in the cases of such persons operating the motor transport undertaking as 'self employed' persons on the basis of valid driving licence and badge are in no way liable to effect any contribution to the Motor Workers' Welfare Fund. Accordingly, final verdict was passed in WP(C) No.2814/2010 2 those cases holding that production of clearance certificates could not be insisted in such cases, as a pre-condition for remitting the vehicles tax, as borne by the decision in T.A.-Aleemul Islam Trust Vs. State of Kerala [2009 (4) KLT 225]. 3. In the above facts and circumstances, the matter is squarely covered by the above verdict and since there is no dispute as to the age, ownership and nature and operation of the vehicle as put forth from the part of the petitioner, it is declared that the petitioner is not liable to effect any contribution to the Kerala Motor Transport Workers' Welfare Fund in respect of the vehicle bearing No. KL 07 AG 9715, being owned and operated by him as a self-employed person, on the basis of valid driving licence and badge. As such, the Writ Petition is allowed and the 2nd respondent is directed to accept the tax in respect of the said vehicle without insisting the proof regarding remittance of any contribution towards the Kerala Motor Transport Workers' Welfare Fund. The Writ Petition is allowed. No cost. P. R. RAMACHANDRA MENON JUDGE dnc