IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 33234 of 2010(D) ----------------------------------------- PETITIONER(S): ------------------------- P.UNNIKRISHNAN NAIR, CHAMPAKARA ROADLINES, CHAMPAKARA P.O., KARUKACHAL. BY ADVS. SRI.K.V.GOPINATHAN NAIR, SMT.G.CHITRA. RESPONDENT(S): --------------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, CHANGANACHERRY, PIN 686 032. 2. THE REGIONAL TRANSPORT OFFICER, PATHANAMTHITTA, PIN 689 645. 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, CHALAKKUZHI BUILDING, C.M.S.COLLEGE ROAD, KOTTAYAM- 686 001. 4. THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD REPRESENTED BY ITS EXECUTIVE OFFICER, KOTTAYAM- PIN 686 002. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R3 BY ADV. SRI. JOY THATTIL ITOOP, SC, EPF ORGANISATION R4 BY ADV. SRI.K.S. MANU,SC, KMTWWFB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 33234 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 2nd day of November, 2010 JUDGMENT Direction sought for in this writ petition is for acceptance of Motor Vehicles Tax, without insisting for production of proof regarding payment of contribution to the Kerala Motor Transport Workers' Welfare Fund Act. 2. According to the petitioner, the establishment, under which the petitioner is conducting stage carriage operation is covered under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) and the petitioner was paying contributions to the Scheme formulated thereunder. Therefore, the contention is that, the petitioner is exempted from the purview of the Kerala Motor Transport Workers' Welfare Fund Act and that he is not liable to pay contribution to the Scheme under that Act. 2. Ext.P1 is the copy of chalan evidencing payment of contributions to the EPF Act, with respect to employees W.P.(C) No. 33234/2010 2 engaged by the petitioner. Learned counsel appearing for the 4th respondent had conceded that if the establishment of the petitioner is covered under the provisions of the EPF Act, he may not be liable for payment of contributions to the Kerala Motor Transport Workers' Welfare Fund. The legal position in this regard stands settled by this time, through decisions of this Court. 4. Under the above circumstances, the writ petition is disposed of directing respondents 1 and 2 to accept Motor Vehicles Tax with respect to vehicles of the petitioner's establishment, without insisting for production of proof regarding payment of contributions to the Motor Transport Workers' Welfare Fund, provided the petitioner produces proof regarding payment of contribution to the EPF Scheme. C. K. ABDUL REHIM, JUDGE. mn.