IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 W.P(C).No. 8189 of 2008 (Y) ---------------------------------- PETITIONER: -------------- ROYSON JOSEPH, PROPRIETOR, ROYAL TOURS AND TRAVELS, 43/382, D. LISSIE JUNCTION, NR. RESERVE BANK OF INDIA, KOCHI - 682 018. BY ADV. SRI.G.HARIHARAN RESPONDENTS: ----------------- 1. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, ALUVA, ERNAKULAM DISTRICT. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALARIVATTOM, ERNAKULAM DISTRICT. 4. PROVIDENT FUND COMMISSIONER, OFFICE OF THE EMPLOYEES PROVIDENT ORGANISATION, KOCHI - 17, REPRESENTED BY THE ACCOUNTS OFFICER. 5. STATE OF KERALA, REPREESNTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI. P. RAMAKRISHNAN, SC FOR R3 SRI. M. CHANDRABOSE, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 8189 OF 2008 Y = = = = = = = = = = = = = = = = Dated this the 11th March, 2008 J U D G M E N T In this writ petition, petitioner complains that motor vehicle tax is declined to be accepted by the 1st respondent on the allegation that the petitioner has not paid the contribution due under the Motor Transport Workers' Welfare Fund Scheme. Petitioner contends that his establishment is covered by the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and therefore he stands outside the purview of the Welfare Fund Act. In order to prove this contention the petitioner has produced Exts. P21, P22 and P23 of which Ext. P21 is a certificate showing the account number of the employees concerned. If, as a matter of fact, an establishment is covered under the Employees Provident Fund Act in view of the provisions contained in Section 4 of the Motor Transport Workers Welfare Fund Act such establishment stands outside the Welfare Fund Act. In this W.P.(C) No. 8189 OF 2008 -2- case, it is fairly clear from Exts. P21, P22 and P23 that the establishment of the petitioner is covered by Employees Provident Fund Act. If that be so, the insistence of the 1st respondent that the petitioner should pay the dues has no basis. 2. Therefore there will be a direction to the 1st respondent to accept the contribution in respect of the motor vehicles owned and possessed by the petitioner on condition that the petitioner satisfies the 1st respondent that the contribution due to the 4th respondent has been paid by him. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-