IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 21228 of 2008(B) -------------------------- PETITIONER: ----------------- ROSE K. AUGUSTINE, HEADMISTRESS, ST. AUGUSTINES GIRLS HIGH SCHOOL KUZHUPILLY, AYYAMPILLY P.O., BY ADV. SRI.DILIP MOHAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRASPORTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TRASNPORT COMMISSIONER, TRANSPORT COMMISSIONARATE, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. THE REGIONAL TRANSPORT OFFICER, NORTH PARAVOOR. 4. THE DISTRICT EXECUTIVE OFFICER, KERALA TRASPORTS WORKERS WELFARE' FUND BOARD, ERNAKULAM. R1 TO R3 BY GOVT. PLEADER SRI. C.K. GOVINDAN. R4 BY SC SRI. P. RAMAKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 21228/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : A TRUE COPY OF THE R.C. PARTICULARS OF THE BUS BEARING REG. NO.KL 7/AH 4664. EXT. P2 : A TRUE COPY OF THE R.C. PARTICULARS OF THE BUS BEARING REG. NO.KL 2/P2768. EXT. P3 : A TRUE COPY OF THE LETTER DATED 26.9.2007 ISSUED BY THE 2ND RESPONDENT. EXT. P4 : A TRUE COPY OF THE JUDGMENT DATED 5.11.2007 IN W.P.(C) 861/08. EXT. P5 : A TRUE COPY OF THE PERMIT OF THE BUS BEARING REG. NO.KL 7/AH 4664. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 21228 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2008 JUDGMENT Petitioner has approached this court seeking a direction to the third respondent to accept and receive the tax payable in respect of the school bus bearing Registration No. KL7/AH 4664 and KL 2 P 2768 without insisting for the payment of the Workers Welfare Fund Contribution. Declaration is also sought that the amendment to Section 4 by Amendment Act 24 of 2005 is not applicable to the school or college buses and that Ext.P3 is not applicable in the case of the petitioner's bus. 2. I heard learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing on behalf of the fourth respondent. 3. The question as to whether an educational institution is liable to make contribution under the Motor Transport Workers Welfare Fund Act is settled by the decision of Division Bench in W.A. 752 of 2008 and connected cases. As far as the bus bearing Registration No. KL 2 P 2768 is concerned, there is already an interim order. I make that interim order absolute. WPC.21228/2008. 2 4. In regard to the bus bearing Registration No. KL 7/AH 4664 is concerned, it is pointed out by the learned counsel for the fourth respondent that in Ext.P1 the said bus is shown as stage carriage. Learned counsel for the petitioner relies on Ext.P5 produced along with I.A.9638 of 2008 and contends that the said bus is used for conveyance of students. In such circumstances, the writ petition is disposed of by making the interim order dated 15.7.2008 absolute and further directing the third respondent to look into Ext.P5 and take a decision in regard to the bus bearing Registration No. KL 7/AH 4664 bearing in mind the decision of this court in W.A. 752 of 2008 and connected cases within two weeks from the date of production of a copy of this judgment. (K.M. JOSEPH, JUDGE) sb