IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 28536 of 2010(N) ----------------------------------------- PETITIONER(S): ------------------------ ROYSON JOSEPH, PROPRIETOR, ROYAL TOURS AND TRAVELS, 44/382 D, LISIE JUNCTION, KOCHI-682 018. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT(S): ---------------------------- 1. REGIONAL TRANSPORT OFFICER, CIVIL STATION, ERNAKULAM AT KAKKANADU, PIN-682 030. 2. JOINT R.T.O., ALUVA, PIN-683 101. 3. PROVIDENT FUND COMMISSIONER, OFFICE OF THE EMPLOYEES PROVIDENT FUND ORGANIZATION, KALOOR, KOCHI-682 017. 4. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, S.R.M.ROAD, ERNAKULAM NORTH, PIN-682 018. R1& R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R3 BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE , SRI.M.CHANDRA BOSE, SC, PF R4 BY ADV. SRI. P.RAMAKRISHNAN, SC, KMTWWF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. -------------------------------------- W.P.(C).No.28536 of 2010 -------------------------------------- Dated this the 15th day of September, 2010 J U D G M E N T ---------------------- Grievance of the petitioner is that respondents 1 and 2 are not accepting Motor Vehicles Tax, due with respect to vehicles covered under Exts.P3 to P10 Registration Certificates, insisting on production of proof for payment of contributions due to the Kerala Motor Transport Workers Welfare Fund. 2. According to the petitioner, the establishment of the petitioner is covered under the Employees Provident Fund and Miscellaneous Provisions Act, and he is paying contributions due to the EPF Scheme. Ext.P1 document produced will indicate that he is paying contributions with respect to 20 workers to the EPF Scheme. With respect to the other vehicles owned by the petitioner, another writ petition was filed on an earlier occasion seeking identical reliefs. In Ext.P2 W.P.(C).28536/10-N -2- judgment, this court directed the authority concerned to accept Motor Vehicles Tax without insisting for proof regarding payment of contributions to the 4th respondent. 3. Since it is evident that the petitioner is an establishment covered under EPF, insistence for production of proof regarding payment of contribution to the Motor Transport Workers Welfare Fund cannot be justified. 4. Under the above circumstances the writ petition is disposed of directing respondents 1 & 2 to accept Motor Vehicles Tax due with respect to the vehicles covered under Ext.P3 to P10 Certificates, without insisting for payment of contributions to the Kerala Motor Transport Workers Welfare Fund, subject to the petitioner producing proof regarding payment of contributions due to the 3rd respondent under the EPF Scheme. C.K.ABDUL REHIM, JUDGE. okb