IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29050 of 2008(G) ----------------------------------------------- PETITIONERS: -------------------- 1. E.RAJAN, AGED 63 YEARS S/O. CHANDU, MORKOTH HOUSE PALAYAD P.O., THALASSERY. 2. K.C.VIJAYAN, AGED 59 YEARS S/O.CHANDUKUTTY, CHATTAMBALLY HOUSE P.O.PUNNOL, THALASSERY, KANNUR. 3. K.SEKHARAN, AGED 65 YEARS S/O.KRISHNAN, VIPIN VILLA, P.O.KADIROOR, THALASSERY ,KANNUR. 4. P.P.PADMANABHAN, AGED 63 YEARS S/O. POKKAN, PALLERI HOUSE TEMPLE GATE P.O.,THALASSERY, KANNUR. 5. K.DAMODHARAN, AGED 59 YEARS S/O.NARAYANAN, KADANTAVIDA HOUSE KODIYERI P.O.,TEMPLE GATE THALASSERY, KANNUR. 6. K.LAKSHMANAN, AGED 59 YEARS S/O. ACHUTHAN, KALATHIL HOUSE PALAYAD P.O., THALASSERY , KANNUR. 7. K.PADMANABHAN, AGED 68 YEARS S/O.KANNAN, VALIYAPARAMBATH KOPRA, P.O.CHENNIPARAMBA, THALASSERY, KANNUR. 8. P.SURENDRAN, AGED 63 YEARS S/O.KUMARAN, KUNHIPARAMBATH HOUSE VADAKKUMPAD P.O., THALASSERY, KANNUR. 9. A.KARUNAN, AGED 60 YEARS S/O. KUNJIRAMAN, KALLYATT KUNNUMMAL HOUSE NETTOOR P.O., THALASSERY, KANNUR. 10. K.K.GOPALAN, AGED 62 YEARS S/O. CHANDU, MEKULANGARE HOUSE VADAKKUMPAD, THALASSERY, KANNUR. WPC.29050/08G 11. T.PRABHAKARAN, AGED 56 YEARS S/O.DAMODHARAN, SARADA NIVAS, PALAYAD, THALASSERY, KANNUR. 12. M.DINAKARAN, AGED 62 YEARS S/O. KANNAN, ANNANTAVIDE HOUSE DHARMADOM P.O., THALASSERY. 13. C.JANARDHANAN, AGED 62 YEARS S/O. ANANDAN, ODATHIKUNIYIL HOUSE KODIYERI, THALASSERY,KANNUR. 14. V.PURUSHOTHAMAN, AGED 58 YEARS S/O.BALA KURUP, DEVI NIVAS, PERUMTHATTIL, THALASSERY, KANNUR. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. 3. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. 4. THE REGIONAL TRANSPORT OFFICER, THALASSERY, KANNUR. 5. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, DISTRICT OFFICE, KANNUR. R1 TO R4 BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29050 OF 2008 G -------------------------------------- Dated this the 6th October, 2008 JUDGMENT According to petitioners, they are Autorickshaw owners -cum-Drivers. They are aggrieved by the non-acceptance of motor vehicles tax which is for the reason that they have not remitted the contribution to the Motor Transport Workers' Welfare Fund. It is their case that as they are the owners, they will not come within the purview of the definition of “employee”. They have also a case that being Autorickshaw drivers, there is another Scheme, called “Autorickshaw Workers Welfare Fund Scheme” wherein the membership is only optional. It is also the case of the petitioners that many of them are above sixty years of age and are not liable to make any contribution. 2. As far as the contention based on the Autorickshaw Workers Welfare Fund Scheme is concerned, it is clear that there is no merit in the contention. If the petitioners by their WPC.29050/08 G 2 option have not become members of the Autorickshaw Workers Welfare Fund Scheme, they would be covered by the Motor Transport Workers Welfare Fund Scheme, provided it is othewise attracted. In regard to the other aspects, this is a matter to be adjudicated by the fifth respondent. Accordingly, the Writ Petition is disposed of as follows: If the petitioners file a representation detailing their grievances which are not covered by this Judgment before the fifth respondent, the fifth respondent will conduct an enquiry and take a decision thereon in accordance with law, within a period of one month from the date of filing of the representation. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge