IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 25872 of 2009(D) --------------------------------------- PETITIONER(S): ------------------------ 1. P.V. VARKEY S/O. VARKEY, AGE 67 YEARS RESIDING AT PULLATHIL HOUSE, THELLAKOM.P.O, ADICHIRA, KOTTAYAM. 2. JUSTIN FRANCIS, S/O. M.M. FRANCIS, AGED 30 YEARS, RESIDING AT PUNNAMOOTIL VEEDU, COLLECTORATE.P.O., KOTTAYAM. 3. BOBY K.GOERGE, S/O. GEORGE THOMAS, AGED 38 YEARS, RESIDING AT KUNNATHUKUZHI, KUDMALOOR.P.O., KOTTAYAM. 4. ANSA JACOB, AGED 46 YEARS, KOLLEMKUNNEL HOUSE, PUTHUPULLY.P.O., ERICADU, KOTTAYAM. 5. BINDU MATHEW, W/O. MATHUKUTTY, AGED 42 YEARS, RESIDING AT 296, KARIYIL HOUSE MALLASSERY THEKKU, KUMARANALLOOR, KOTTAYAM. 6. BOBY MATHEW, S/O. MATHUKUTTY JOSEPH AGED 39 YEARS, NARIMATTOM HOUSE, PARATHODE.P.O., KOTTAYAM. 7. SUBHASH, AGED 38 YEARS, MUKKEL HOUSE ARPOOKARA WEST, KOTTAYAM. 8. SOLLY SUNNY, AGED 40 YEARS, CHETTAMPADATHIL HOUSE, NEEDOOR, KOTTAYAM. 9. THOMAS JOHN, S/O. JOHN, AGED 55 YEARS, CHIRAPURATHU, KOLLADU.P.O., KOTTAYAM. BY ADV. SRI.N.UNNIKRISHNAN WP(C).No. 25872 of 2009(D) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. SECRETARY TO GOVERNMENT LABOUR & REHABILITATION (H) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, BEACH ROAD, KOLLAM REP. BY THE CHIEF EXECUTIVE OFFICER. 3. THE DIST. EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, KOTTAYAM. 4. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM. R1 & R4 BY GOVT. PLEADER MR.ANTONY MUKKATH. R2 & R3 BY ADV. SRI.P.RAMAKRISHNAN, SC, KMTWF BOARD. SRI.K.S.MANU, SC, KMTWWF BOARD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 25872 of 2009(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE R.C. NO.KL-05/T 9208 DATED 02/06/2005 OF THE 1ST PETITIONER. EXT.P2: COPY OF THE PERMIT NO.P.CO.C.833/2005/K OF THE 1ST PETITIONER. EXT.P3: COPY OF THE R.C.NO.KL-05/R 5540 OF THE 2ND PETITIONER. EXT.P4: COPY OF THE PERMIT NO.P.CO.C4/254/04/K DATED 07/08/2004 OF THE 2ND PETITIONER. EXT.P5: COPY OF THE CERTIFICATE REG. NO.KL-05/T 2000 OF THE 3RD PETITIONER. EXT.P6: COPY OF THE R.C. NO.KL.05-X-7169 OF THE 4TH PETITIONER BY THE 4TH RESPONDENT. EXT.P7: COPY OF THE PERMIT NO.P.CO.C5/833/2007 OF THE 4TH PETITIONER. EXT.P8: COPY OF THE R.C.NO.KL2/L 1415 O THE 5TH PETITIONER. EXT.P9: COPY OF THE PERMIT NO.P.CO.C.8/54/05/K DATED 06/08/2005 OF THE 5TH PETITIONER. EXT.P10: COPY OF THE REGN. NO.KL-34-3452 OF ACHIER SALOON BODY OF THE 6TH PETITIONER. EXT.P11: COPY OF THE CONTRACT CARRIAGE PERMIT NO.P.CO.C.34/1394/2007 DATED 21/01/2008 OF THE 6TH PETITIONER. EXT.P12: COPY OF THE R.C.NO.KL-5-L 4359 OF THE 7TH PETITIONER. EXT.P13: COPY OF THE PERMIT P.CO.5/10003/2006 DATED 05/10/2006 OF THE 7TH PETITIONER. EXT.P14: COPY OF THE R.C. NO.KL-05/U 7043 OF THE 8TH PETITIONER. EXT.P15: COPY OF THE PERMIT NO.P.CO.C8/68/05/K OF THE 8TH PETITIONER. EXT.P16: COPY OF THE R.C. NO.KL-05-L-4894 OF 9TH PETITIONER. EXT.P17: COPY OF THE R.C..NO.KL-05-U-8289 OF 9TH PETITIONER. (P.T.O.) WP(C).No. 25872 of 2009(D) EXT.P18: COPY OF THE PERMIT NO.PCO..5/666/2007 DATED 03/04/2007 OF 9TH PETITIONER. EXT.P19: COPY OF THE PERMIT NO.P.CO.5/896/2008 DATED 15/05/2008 OF 9TH PETITIONER. EXT.P20: COPY OF THE CIRCULAR NO.813/H2/2006/LABOUR DATED 04/02/2006. EXT.P21: COPY OF THE LETTER NO.613/B1/08 DATED 19/07/2008. EXT.P22: COPY OF THE G.O.(P) NO.98/2005/LBR DATED 26/11/2005. EXT.P23: COPY OF THE JUDGMENT DATED 30/07/2007 IN W.A. NO. 490/2006. EXT.P24: COPY OF THE REPRESENTATION DATED 20/03/2009 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 25872 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of April, 2011. J U D G M E N T The petitioners are contract carriage operators. They have filed this writ petition challenging Ext. P22 Kerala Motor Transport Workers Welfare Fund (2nd Amendment) Scheme, 2005. According to them, by Ext. P22, contributions under the Kerala Motor Transport Workers Welfare Fund Act have been fixed without reference to the actual number of employees employed by the motor transport undertaking. It is pointed out that for stage carriages, the average minimum number of employees has been fixed as 3 and the motor transport undertaking is directed to pay contributions for 3 employees. Likewise, for contract carriages, the minimum number of employees has been fixed as 2 and the petitioners are required to pay contributions for 2 employees compulsorily even if they do not employ 2 persons. According to the petitioners, this is arbitrary and unreasonable. The petitioners have other contentions also. In respect of the same, the petitioners have filed Ext. P24 representation before the 1st respondent. For the present, the petitioners would be satisfied with a direction to the 1st respondent to consider and pass orders on Ext. P24 expeditiously. 2. I have heard the learned Government Pleader and counsel for respondents 2 and 3 also. Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext. P 24, after affording an opportunity of being heard W.P(C) No. 25872 of 2009 -: 2 :- to the 1st petitioner and respondents 2 and 3, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/