IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WA.No. 218 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11173/2006 Dated 07/04/2006 .................... APPELLANT/APPELLANT/3RD PARTY: ------------------------------- DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, IDUKKI. BY ADV. SRI.PAULSON C.VARGHESE,SC,KMTWF BOARD SRI.C.ARUN PRASANTH RESPONDENTS: PETITIONER/RESPONDENTS 1 TO 3: ------------------------------------------- 1. A.M. ASHRAF, AGED 34 YEARS, S/O. LATE A.S. MEERAN, MUBARAK MANZIL, VANDIPERIYAR P.O., IDUKKI DISTRICT. 2. JOINT REGIONAL TRANSPORT OFFICER, VANDIPERIYAR (TAXATION OFFICER). 3. REGIONAL TRANSPORT OFFICER, IDUKKI. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY SR.GOVT.PLEADER SMT.K.MEERA ADV.C.S.MANU FOR RESPONDENTS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- W.A.NO.218 OF 2008 () ----------------------------------- Dated this the 23rd day of January, 2008 J U D G M E N T KOSHY,J. When writ petitioner tendered tax due on his motor vehicle, it was not accepted and insisted that he shall get a 'no objection certificate' from the Kerala Motor Transport Workers Welfare Board. According to the writ petitioner, he has not employed any motor transport worker. Only direction issued by the learned Single Judge is that competent authority should hear the matter and if the petitioner owes no liability, issue a 'no objection certificate'. The District Executive Officer of the Welfare Board, competent authority under the Motor Transport Workers Welfare Fund, who was not a party to the writ petition filed this writ appeal with leave contending that writ petitioner has numerous stage carriers and amount due to WA.218/2008 2 the Welfare Fund was not paid by him. There is no mandatory direction in the impugned judgment to issue 'no objection certificate' if there are dues to the Welfare Fund. If there are any dues to the Welfare Fund, there is no obligation to issue 'no objection certificate' by the appellant. But only after hearing the petitioner, competent authority can decide. We make it clear that if the allegations of the petitioner are not correct and there is liability to pay dues and he is running stage carriers during the relevant period, there is no obligation on the part of the appellant to issue the 'no objection certificate'. But if writ petitioner proves that he has no subsisting liability to pay the welfare fund dues, appellant is bound to issue 'no objection certificate'. With that clarification, this appeal is disposed of. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008