IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22305 of 2006(E) -------------------------- PETITIONER: ------------ T.M. VARGHESE, PROPRIETOR, KINGS MARINE PRODUCTS, OLIYAKOVIL, KOLLAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PUBLIC TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE R.T.O., KOLLAM. 3. THE CHIEF EXECUTIVE OFFICER, MOTOR TRANSPORT LABOUR WELFARE OFFICE OF THE CHIEF EXECUTIVE OFFICER, KOLLAM. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R.3 SMT.SMITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22305/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REPRESENTATION DATED 10/04/2006 FILED BEFORE R2. P2 : COPY OF LETTER OF REQUEST DATED 31/03/2006. P3 : COPY OF LETTER DATED NIL RECEIVED BY PETITIONER. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- WP(C) No.22305 of 2006 --------------------------------- Dated, this the 29th day of July, 2008 J U D G M E N T Ramachandran Nair, J. The writ petition is filed for a direction to the 2nd respondent to receive motor vehicle tax without requirement of petitioner producing any clearance certificate on payment of welfare fund dues from 3rd respondent. Petitioner's case is that petitioner's employees are covered under the Employees Provident Fund and Miscellaneous Provisions Act. If this is true then petitioner has no liability under the Motor Transport Workers Welfare Fund Act and so much so there is no need for petitioner to remit any contribution towards motor transport workers welfare fund for the drivers and other employees engaged in his vehicles. The writ petition is, accordingly, disposed of directing petitioner to produce proof of coverage of motor workers engaged in his vehicles under the Employees Provident Fund and Miscellaneous Provisions Act before the Executive Officer, Motor Transport Workers Welfare Fund Board, Kollam for him to verify the same and if petitioner is exempt, to issue a certificate to the effect that petitioner is not liable to pay WP(C) No.22305/2006 -2- any contribution towards motor transport workers welfare fund. Such certificate should be issued within a period of two weeks from the date of production of records by petitioner before the Executive Officer. As and when certificate is obtained, petitioner can approach 2nd respondent for receiving motor vehicle tax without requirement of production of certificate of the motor transport workers welfare fund dues. If petitioner's employees are one certified to be covered under the EPF Act and the same is granted by the Executive Officer then there is no need for petitioner to produce new certificates each and every time of payment of tax. If one certificate is issued the same can be produced for payment of tax on a regular basis. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg