IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 12732 of 2008(N) -------------------------- PETITIONER: ------------ THE MANAGING DIRECTOR, SRIVARY TRADING COMPANY OVT. LTD, NARAYANA VIHAR, POONKUNNAM, THRISSUR. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ------------- 1. THE REGIONAL TRANSPORT OFFICER THRISSUR. 2. THE DISTRICT EXECUTIVE OFFICER THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THRISSUR. BY ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R2 GOVERNMENT PLEADER SRI.C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12732 of 2008(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: CERTIFIATE DATED NIL. EXT.P2: REQUEST SUBMITTED BY THE PETITIONER TO THE DISTRICT EXECUTIVE OFFICER, THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THRISSUR. EXT.P3: JUDGMENT DATED 26.10.2007 IN W.P.(C).NO.31855/2007. RESPONDENT'S EXHIBITS: NIL ........ // TRUE COPY // P.A TO JUDGE. K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 12732 OF 2008 N ```````````````````````````````````````````````````` Dated this the 28th day of August, 2008 J U D G M E N T Case of the petitioner in brief is as follows. Petitioner has a few contract carriage vehicles for the purpose of trading and vehicle tax has become due. Petitioner has approached the 1st respondent for payment of vehicle tax but the 1st respondent insisted the amount payable under the Kerala Motor Transport Workers Welfare Fund. It is the case that the petitioner's establishment is covered under the provisions of Employees Provident Fund and Miscellaneous Provisions Act and stating so, the Employees Provident Fund Organisation has issued a certificate to that effect. 2. I heard learned counsel for the petitioner, learned Government Pleader and learned standing counsel appearing on behalf of the 2nd respondent. Learned standing counsel submits that if the petitioner approaches the 2nd respondent with necessary documents in support of his claim, the matter WPC.12732/08 : 2 : will be considered and a decision will be taken in the matter within one month from the date of receipt of a copy of this judgment. Learned counsel for the petitioner submits that the petitioner is prepared to approach the 2nd respondent and produce the documents in support of his claim. Accordingly, writ petition is disposed of as follows. If the petitioner files a representation before the 2nd respondent with necessary documents in support of his claim that the establishment is covered under the EPF & MP Act, the 2nd respondent will take a decision in the matter in accordance with law, as early as possible, at any rate, within one month from the date of filing of the representation. Sd/- (K.M.JOSEPH, JUDGE) aks