IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WA.No. 694 of 2009() -------------------------------- (AGAINST JUDGMENT DATED 17/03/2009 IN W.P.C.NO.(C)NO.8003/2009) ....... APPELLANT(S): PETITIONER: -------------------------------------------- T.K.MANZOOR, THIRUTTIKKATTIL HOUSE, P.O. PADIYAM,MUTTICHOOR, TRISSUR. BY ADV. MR.M.A.FAYAZ RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. THE REGIONAL TRANSPORT OFFICER, TRISSUR. 2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, TRISSUR. 3. PUSHPANGADHAN,MENATH PARAMBIL, KANDASSAN KADAVU,KAVUMUKKU, TRISSUR. BY SR. GOVERNMENT PLEADER MR. R. LAKSHMI NARAYAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.Raman & P.S.Gopinathan, JJ. ================================== W.A.No.694 of 2009 ================================== Dated this the 24th day of March, 2009. JUDGMENT Raman, J. 1.The appellant is the writ petitioner. He filed WP(C)No.8003 of 2009, being aggrieved by the refusal on the part of the Secretary, RTA in not transferring the permit to the petitioner covered by vehicle KL-8V/5617 running in the route Mattichoor-Thrissur. According to the Secretary, another vehicle KL-09K/9463, which was running in the route, had committed default in welfare fund dues to the second respondent and hence, unless the dues are cleared, transfer of permit cannot be allowed. The learned single Judge held that, as the welfare fund is a charge on the vehicle, the respondents are entitled to refuse endorsement. WA694/09 -:2:- 2.The appellant contends that, when the welfare fund dues are in arrears, true, by virtue of an amendment, there is a charge on the vehicle. But, here, the vehicle in question KL-09k/9463 is the vehicle in respect of which dues are in arrears. What is sought to be transferred is only the permit and now he is running with a new vehicle, KL-8V/5617. In so far as the vehicle to be run in the route, with the permit granted to KL-09K/9463, is concerned, the fact that there is any arrears in respect of the vehicle KL-09K/9463, cannot be a ground to refuse transfer of permit. But it is fairly submitted by the appellant that the vehicle KL-09K/9463 is now in garage. Therefore, even if we direct that the vehicle KL-09K/9463 over which there is a charge in respect of the welfare fund dues, it cannot be disputed that the said vehicle cannot be proceeded for realisation of the dues. In such circumstances, the learned counsel offers to WA694/09 -:3:- furnish bank guarantee for an amount of Rs.21,000/-, which is alleged to be the arrears of the vehicle KL-09K/9463. According to him, even though there may be a charge on the vehicle, KL-09K/9463, the primary liability is always on the employer, namely erstwhile registered owner of the vehicle KL-09K/9463, since, the dues now in arrears is prior to the transfer. 3.We heard the learned Government Pleader. We find force in the contention. Hence, we direct that, the Secretary, RTA, shall accord permission for the transfer of the permit and replacement of the vehicle with a new one. The petitioner shall furnish a bank guarantee for Rs.21,000/- valid for one year. The second respondent may proceed to recover the dues in arrears, if any, in respect of the vehicle KL-09K/9463 by proceeding against the erstwhile registered owner, namely the third respondent. However, in case the WA694/09 -:4:- amount could not be realised, they can invoke the bank guarantee after nine months. In case the amount is realised, the bank guarantee will stand cancelled. Writ appeal is allowed as above. P.R.Raman, Judge. P.S.Gopinathan, Judge. sl.