IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 32265 of 2010(G) -------------------------- PETITIONER(S): --------------- THOMAS MARKOSE,KIZHAKKEMURIYIL, M/S.K.K.M.S.MOTORS,PAZHAVANGADI.P.O, RANNI,PATHANAMTHITTA. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM.PIN-686 002. 2. THE REGIONAL TRANSPORT OFFICER, PATHANAMTHITTA.PIN.689645. 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER,EMPLOYEES PROVIDENT FUND ORGANISATION PATTOM,THIRUVANANTHAPURAM.PIN-695 004. 4. THE DISTRICT EXECUTIVE OFFICER,KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA.PIN-689 645. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN SRI.SAJEEV BABU STANDING COUNSEL KMTWWFB SMT.T.N. GIRIJA, SESSIONS COURT, EPF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 32265 OF 2010 ------------------------------------ Dated this the 21st day of October, 2010 JUDGMENT Petitioner is seeking direction for acceptance of motor vehicles tax due with respect to 9 stage carriage vehicles owned by him bearing Nos. KL-3/L 5110, KL-03/T 3810, KL-03/D 4010, KL-03/E 4210, KL-03/E 5310, KL- 03/G 6510, KL-03/F 45, KL-03/Q 3810 and KL-03/Q 9897, without insisting for production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund Board. 2. It is contended that the establishment of the petitioner is covered under the provisions of the Employees Provident Fund and miscellaneous Provisions Act, 1952 (EPF Act). Exts.P1 and P2 documents issued by the authority of the Employees Provident Fund is produced in support of the above contention. It is submitted that the petitioner is regularly paying 2 WP(C) No. 32265/2010 contributions to the EPF scheme with respect to the employees working in the motor transport undertaking. Under such circumstances, provisions of the Kerala Motor Transport Workers Welfare Fund Act is not applicable with respect to the petitioner and the petitioner is not an 'employer' coming within the definition of the said Act and the scheme formulated thereunder, is the contention. 3. Standing counsel appearing for the 3rd respondent concede that the establishment of the petitioner is covered under the provisions of the EPF Act. Under such circumstances, I am of the opinion that the Writ Petition can be disposed of directing the respondents 1 and 2 to accept motor vehicles tax without insisting for production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund Board. 4. In the result the Writ Petition is disposed of directing respondents 1 and 2 to accept the motor vehicles tax, due with respect to vehicles owned by the petitioner 3 WP(C) No. 32265/2010 bearing Nos. KL-3/L 5110, KL-03/T 3810, KL-03/D 4010, KL- 03/E 4210, KL-03/E 5310, KL-03/G 6510, KL-03/F 45, KL- 03/Q 3810 and KL-03/Q 9897, provided the petitioner produce proof regarding payment of contributions to EPF scheme. C.K. ABDUL REHIM JUDGE dnc