IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12487 of 2008(J) -------------------------- PETITIONER: ------------ 1. HEAD MISTRESS, ANJARAKKANDY HIGHER SECONDARY SCHOOL, MAMBA, KANNUR DISTRICT. 2. PRINCIPAL, HIGHER SECONDARY SCHOOL, MAMBA, KANNUR DISTRICT. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONARATE, TRANSPORT TOWERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. ROAD TRANSPORT AUTHORITY, KANNUR, P.O.KANNUR. 4. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR. BY SRI. PAULSON C. VARGHESE – SC GOVERNMENT PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 12487 of 2008 --------------------------------- Dated, this the 10th day of April, 2008 J U D G M E N T Since this Court has held that school authorities are not bound to remit motor workers welfare fund contribution for the employees engaged in the school bus vide judgment in WP(C) No.1746/2008 & connected cases, this writ petition is allowed directing the RTO / Joint RTO to receive motor vehicle tax without requiring production of payment certificate / clearance certificate from the Welfare Fund Board. However, if any vehicle is not owned by educational institution or not classified as educational institution bus, then the tax in respect of such vehicle will be recovered only after payment of contribution and on producing payment certificate/clearance certificate from the Welfare Fund Board. Moreover, I make it clear that if the employees are covered by EPF Act, PF can be recovered by EPF Authorities. (C.N.RAMACHANDRAN NAIR, JUDGE) jg