IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2426 of 2009(L) -------------------------------------------- PETITIONER(S): ---------------------- BASHEER K.P., S/O.PAREETH (LATE), KUTTIKATTU HOUSE, EDAPPALLY P.O., KOCHI - 24. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT OFFICER, KAKKANADU, ERNAKULAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, SRM ROAD, ERNAKULAM DISTRICT. 3. OFFICE OF THE EMPLOYEES PROVIDENT FUND COMMISSIONER, KOCHI - 17, REPRESENTED BY ITS ACCOUNTS OFFICER. 4. MILMA, ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD. NO.E-150(D), ERNAKULAM DAIRY, P.B.NO.33, TRIPUNITHURA REPRESENTED BY ITS GENERAL MANAGER. R1 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R2 BY SHRI P. RAMAKRISHNAN, SC. ADV. SRI.S.GOPAKUMARAN NAIR (SR.) FOR R3 SRI.M.CHANDRA BOSE FOR R3 R4 BY SHRI B.S. KRISHNAN, SC, MILMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 2426 OF 2009 L -------------------------------------- Dated this the 28th January, 2009 JUDGMENT Petitioner is aggrieved by the refusal to accept motor vehicles tax on the ground of liability to pay contribution under the Kerala Motor Transport Workers' Welfare Fund Act. Case of the petitioner is that his establishment is covered under the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 and, therefore, under the Act, petitioner is not liable to pay the amount by way of contribution to the Welfare Fund. 2. I heard the learned counsel appearing for the petitioner, learned standing counsel appearing on behalf of the respondents and also the learned Government Pleader. Learned standing counsel appearing for the third respondent Employees Provident Fund Commissioner submits that the petitioner is right in contending that his establishment is covered under the Employees' Provident Fund & Miscellaneous Provisions Act and they are also remitting the employer's contribution as also the WPC.2426/09 L 2 employees' contribution regularly. In the light of this, the Writ Petition is only to be allowed. Accordingly, there will be a direction to the first respondent to accept the motor vehicles tax in respect of the vehicles covered by Exts.P1 to P5 for the quarter ending 31.1.2009 without insisting for production of receipt of remittance of contribution towards the Kerala Motor Transport Workers' Welfare Fund. The Writ Petition is allowed as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge