IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 30392 of 2010(Y) ------------------------------------ PETITIONER(S): ------------------------ VARGHESE P.E., S/O.LATE EASOW, AGED 60 YEARS, RESIDING AT POTHANAMKUZHIYIL HOUSE, VADUTHALA, KOCHI - 23. BY ADVS. SRI.ASOK M.CHERIAN SRI.S.KANNAN SMT.S.RAKHEE SMT.K.S.SANGEETHA RESPONDENT(S): ------------------------- 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. THE REGISTERING AUTHORITY, (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, ERNAKULAM. R1 BY ADV. SRI.P.RAMAKRISHNAN R2 BY BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.30392 of 2010 ------------------------------------------- Dated this the 6th day of October, 2010 J U D G M E N T ---------------------- Grievance of the petitioner is that the Motor Vehicle Tax due with respect to Autorikshaw bearing Regn.No:KL-07/AQ-488 owned by the petitioner is not being accepted, insisting on production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund. It is stated that the petitioner is plying the Autorikshaw by himself as a self- employment venture and that he is aged more than 60 years. The petitioner had produced Ext.P1 Registration Certificate as well as Ext.P2 Driving Licence which will support the above contentions. It is contended that since the petitioner is plying the Autorikshaw by himself and since he is a person who has crossed the age of 60 years, the petitioner is not liable for payment of any contributions to the Welfare Fund, since he will not W.P.(C).30392/10-Y -2- come within the definition of 'employer' under the Act and within the definition of 'member' as defined under the Welfare Fund Scheme. 2. The legal position in this regard stands settled by virtue of a decision of this court in TA-Aleemul Islam Trust and others Vs. State of Kerala (2009 (4) KHC 259). 3. Under the above circumstances the writ petition is allowed directing the 2nd respondent to accept motor vehicle tax due with respect to the vehicle in question, without insisting for production of proof regarding payment of contributions to the Welfare Fund, subject to the petitioner producing proof regarding age of the petitioner and ownership of the vehicle. C.K.ABDUL REHIM, JUDGE. okb