IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 11733 of 2008(V) -------------------------- PETITIONER: --------------- P.GOPINATHA PILLAI AGED 61, S/O.LATE SHRI.VASUDEVAN PILLA, AYYAPPAN MADOM, FACTORY ROAD, KALAMMASSERTY, THRIKKAKARA VILLAGE, KANAYANOOR TALUK, ERNAKULAM DISTRICT. BY ADV. MR. L.P.ARAVINDAKSHAN MS. M.A.BINDU RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY (LABOUR REHABILITATION) GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, 2. THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, KAKKANADU, ERNAKULAM. 3. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, BOARD,PALARIVATTOM, KOCHI-682005 REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER. GOVERNMENT PLEADER MR. MATHEW GEORGE VADAKKAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 11733 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 31st day of May, 2010 JUDGMENT The issue involved in this Writ Petition is, whether there is any rationale on the part of the 2nd respondent in insisting the petitioner for production of 'NOC' from the 3rd respondent as to the clearance of contribution towards the Motors Transport Workers' Welfare Fund, so as to accept the tax due in respect of the vehicle bearing No. KER 506. The petitioner who has crossed the age of 60 years, owns the vehicle and operates the same as a measure of self employment, by virtue of the licence and badge obtained in this regard. 2. The eligibility to the Scheme is restricted to the persons up to the age of 60 years. As it stands so, the petitioner cannot aspire to have membership to the Scheme and no benefit can be extended to such persons who are aged above 60, under the Scheme. As a natural consequence, no contribution can be demanded from them. The issue in this regard stands settled by virtue of the decision reported in T. A. Aleemul Islam Trust Vs. State of Kerala (2009 (4) KLT 225). 3. Heard the learned Government Pleader appearing for the respondents 1 and 2 and the learned Standing counsel appearing for the 3rd respondent as well, who do not dispute the factual and legal position as above. W.P. (C) No. 11733 of 2008 : 2 : 4. In the above circumstances, the second respondent is directed to accept the tax in respect of the vehicle bearing No. KER 506 himself as long as the petitioner continues to be the owner of the said vehicle and operates the same by virtue of the licence and permit obtained in this regard without insisting for any 'NOC' from the third respondent. It is made clear that, if there is any liability due from him in respect of the vehicle in question, till the petitioner completed the age of 60 years, the petitioner shall produce necessary clearance certificate from the 3rd respondent in respect of such period. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd