IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 13587 of 2008(P) -------------------------- PETITIONER: ------------ ARAFA PUBLIC SCHOOL, PAZHAKKAPPILLY P.O MUVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY IT'S MANAGER, K.K.UMMER. BY ADV. SRI.C.A.MAJEED RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, TRANSPORTS, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB REGIONAL TRANSPORT OFFICER MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. THE DISTRICT EXECUTIVE OFFICER KERALA TRANSPORT WORKERS WELFARE FUND BOARD ERNAKULAM DISTRICT. R1 & R2 BY G.P. SRI. MOHAMMED RAFEEQ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/04/2008, ALONG WITH WPC 13593 OF 2008 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 13587 & 13593 & 13597 13548 & 13549/2008 -------------------------------------------- Dated this the 25th day of April, 2008 JUDGMENT The issue raised in the connected cases, that is the liability of the School Authorities to pay motor workers welfare fund contribution for the employees engaged in the School bus, is decided in favour of petitioners by a learned single Judge of this Court in WPC 5853 of 2008 and connected cases. Following the said judgment, these WPs are disposed of directing the concerned Joint Regional Transport Officer or Regional Transport Officer to receive tax for the School bus without production of any certificate or clearance from the Motor Workers Welfare Fund Board. However, since Writ Appeals are filed in the other cases, there will be direction to the concerned Joint Regional Transport Officer or Regional Transport Officer to apply the judgment of this Court in the Writ Appeals in the case of petitioners also, as and when it is pronounced. In other words, there is no necessity for the Board to file Writ Appeals in these cases as this judgment will be subject to the result of the pending Writ Appeals in the same matter. (C.N. RAMACHANDRAN NAIR) Judge 2