IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9711 of 2008(F) ------------------------- PETITIONER: ------------ 1. K.P. MADHAVAN, S/O. KELAPPAN, KOMANAT HOUSE, P.O. TALAP, KANNUR, KANNUR DIST. 2. M.K. RAVIDRAN, S/O.KRISHNAN, KRISHNA SADAN, NEAR RAILWAY GOOD SHED, KANNUR, KANNUR DISTRICT. 3. C.C. SREEDHARAN, S/O. CHANDUKUTTY NAMBIAR, 8/544, CHELORA CHATHOTH HOUSE, PERINGALAYI, P.O. KAPPAD, CHELORA G.P., KANNUR. 4. A. BALAN, S/O. KELAN, ARIYARI HOUSE, NO.6/193, P.O. MULLAKODY, MAYYIL, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS: ------------- 1. THE REGIONAL TRANSPORT OFFICER, TAXATION, KANNUR-1. 2. THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR-1. 3. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT, TRIVANDRUM. 4. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. BY SHRI.K.P.PRADEEP, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No.9711 of 2008 ------------------------------------ Dated, this the 25th day of March, 2008 J U D G M E N T The case of the petitioners is that they are above 60 years of age and therefore they are entitled to exemption from payment of contribution towards motor workers welfare fund for the lorries driven by them. The age of the 1st petitioner is stated to be 76 years. It is a matter to be seen whether a 70 year old man is fit to drive the vehicle and whether he is, in fact, really operating the truck/lorry by himself. In any case, by virtue of exemption available to them, there will be direction to 2nd respondent to verify their age and grant exemption for contribution of motor workers welfare fund payable for their self employment. However, eligible contribution can be recovered from the petitioners if there is any other employee engaged in the lorry. However, if there is no other person employed then, there is no need to demand the contribution of motor workers welfare fund. 2nd respondent will conduct an enquiry on all these matters. This writ petition is disposed of directing 1st respondent to recover current Motor Vehicle Tax without requirement of payment of motor workers welfare fund WP(C) No. 9711/2008 -2- contribution. However, tax for the next quarter will be received only after getting an exemption certification or payment certificate from the 2nd respondent. 2nd respondent is directed to decide the matter and issue the certificate as above for production before the 1st respondent within a period of six weeks from the date of production of a copy of the judgment by the petitioners. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg