IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 21519 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------ 1. P.E.EASOW, AGED 75 YEARS, S/O.EASOW, PALAKKAMANNIL HOUSE, THEODICAL P.O., MALLAPPALLY. 2. REJI.P.EASOW, AGED 49 YEARS, S/O.P.E.EASOW, PALAKKAMANNIL HOUSE, THEODICAL P.O. MALLAPPALLY. BY ADV. MR.P.HARIDAS RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, MALLAPPALLY. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA. 4. THE CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 5. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR.MATHEW VADAKKEL R3 & R4 BY ADV. MR.P.RAMAKRISHNAN, SC,KMTWF BOARD R5 BY ADVS.MR.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.21519 OF 2009 ------------------------------ Dated this the 26th day of October, 2009 J U D G M E N T ---------------------- 1. Petitioners have approached this court with the grievance that the 2nd respondent is not accepting Motor Vehicles Tax with respect to vehicles owned by them, insisting on production of receipt evidencing payment of contributions to the Motor Transport Workers Welfare Fund. According to the petitioners the establishment in question which is plying the vehicle along with many other vehicles, has got registration under the provisions of the Employees Provident Fund & Miscellaneous Provisions Act, 1952, and is paying contributions to the scheme formulated thereunder, and therefore the establishment is outside the purview of the Motor Transport Workers Welfare Funds Act. Hence the petitioners are not liable to pay contributions. Therefore the insistence for production of No Objection Certificate for receiving Motor Vehicles Tax, is unsustainable, is the contention. 2. By virtue of an interim order issued by this court on 30.7.2009, the 2nd respondent was directed to accept Motor Vehicles Tax on a provisional basis, subject to further orders of W.P.(C).21519/09-H 2 this court. Learned standing counsel appearing for the 5th respondent on the basis of instructions submitted that the establishment of the petitioners had already been registered with the authority concerned, under the the provisions of the Employees Provident Fund & Miscellaneous Provisions Act, with effect from 1.7.09 with Regn: No:KR/TVM/26056. 3. The position being so, it is clear that the petitioner is not liable for payment of contributions to the Motor Transport Workers Welfare Fund. Therefore the 2nd respondent is directed to receive Motor Vehicles Tax due with respect to the vehicles owned by the petitioners without insisting for NOC from the authorities of the Motor Transport Workers Welfare Fund. The writ petition is disposed of as above. C.K.ABDUL REHIM, JUDGE. okb