IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20460 of 2008(I) -------------------------- PETITIONER: ----------------- THE MANAGER, ADARSHA VIDYA BHAVAN SCHOOL, NORTH PARAVUR, ERNAKULAM DIST. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARAIT,THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISIONERATE, THIRUVANANTHAPURAM. 3. THE JOINT REGIONAL TRANSPORT OFFICER, NORTH PARAVUR. 4. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER, ERNAKULAM. BY GOVT. PLEADER SRI. C.K. GOVINDAN BY SC SRI. P. RAMAKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.20460 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2008 JUDGMENT The issue raised in this writ petition is whether in respect of an educational institution bus, demand can be made for contribution under the Motor Transport Workers' Welfare Fund Act. 2. I heard learned Government Pleader and learned counsel for the fourth respondent also. Learned counsel for the fourth respondent submits that a Division Bench of this court has dismissed the appeal filed by the Board and taken the view that an educational institution is not a motor transport undertaking. He also points out that the petitioner has not produced the registration certificates to show that the vehicles are educational institution buses. The writ petition is allowed as follows: It is declared that the educational institution buses are not coming under the Motor Transport Workers Welfare Fund Act. There will be a direction to the third respondent to receive the motor vehicle tax in respect of the school vehicles of the petitioner without insisting for evidence regarding payment of contribution to the Welfare Fund on condition that the petitioner produces the registration certificates to show that the buses are educational institution buses. (K.M. JOSEPH, JUDGE) sb