IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11758 of 2009(L) ---------------------------------------------- PETITIONER(S): ---------------------- V. SUBRAMANION, S/O. VELAYUDHAN, “KRISHNA BHAVAN”, ASRAMOM PO, KOLLAM. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT OFFICER, KOLLAM, CIVIL STATION, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. 3. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE, KOLLAM. R1 & R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R3 BY SHRI P. RAMAKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 11758 OF 2009 L -------------------------------------- Dated this the 7th April, 2009 JUDGMENT Heard the learned counsel for the petitioner, learned Government Pleader and also the learned standing counsel appearing for the third respondent Board. The question is whether the petitioner needs to pay contribution under the Kerala Motor Transport Workers Welfare Fund Act. According to petitioner, the vehicles are used as a Driving School vehicles. A Division Bench of this Court has already taken the view that in respect of such vehicles, there is no liability to pay the contribution. Learned standing counsel for the Welfare Fund Board also does not dispute that the case of the petitioner is covered by the said Division Bench decision. Accordingly, following the Division Bench decision, the Writ Petition is allowed and there will be a direction to the first respondent to receive vehicle tax from the petitioner in respect of his vehicles bearing registration Nos. KLQ 5329, KL-07/F-3157, KRU 8091, WPC.11758/09L 2 KEQ 1296, KL-3/B-2729, KL-2/K-4453, KL-2/E 4784, KL- 2/C-8847 and KL-11/B-3688 without insisting on payment of contribution to the Motor Transport Workers Welfare Fund. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge