IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 12317 of 2011(L) -------------------------- PETITIONER(S): --------------- ABOOBACKER, AGED 70 YEARS, S/O.PAREED, PULICKAL HOUSE, EDAPPALLY NORTH, KOCHI-24. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS SECRETARY, KOLLAM. 2. DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 3. REGIONAL TRANSPORT OFFICER, KAKKANAD, ERNAKULAM. GOVT. PLEADER SRI BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.12317 of 2011 ------------------------------------------- Dated this the 12th day of April, 2011 J U D G M E N T ---------------------- Grievance of the petitioner is that, Motor Vehicle Tax due with respect to Ambassador Nova Vehicle owned by the petitioner, bearing Regn.No:KL-07/D-8030, was not accepted, insisting on production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund. It is stated that the petitioner is plying the Ambassador Nova Vehicle by himself as a self-employment venture and that he is aged more than 60 years. The petitioner had produced Ext.P1 Registration Certificate, Ext.P2 contract carriage permit and Ext.P3 Driving Licence which will support the above contentions. It is contended that since the petitioner is plying the said vehicle by himself and since he is a person who had crossed the age of 60 years, he is not liable for payment of any contributions to the Welfare Fund, since he will not come within the definition of 'employer' under the Act and within the definition of 'member' as defined under the Welfare Fund Scheme. 2. The legal position in this regard stands settled in W.P.(C).12317/11 -2- favour of the petitioner by virtue of a decision of this court in TA-Aleemul Islam Trust and others Vs. State of Kerala (2009 (4) KHC 259). 3. Under the above circumstances the writ petition is allowed directing the 2nd respondent to accept motor vehicle tax due with respect to the vehicle in question, without insisting upon production of proof regarding payment of contributions to the Welfare Fund, subject to condition of the petitioner producing proof regarding ownership of the vehicle, his licence and Badge in order to prove that he is plying the vehicle by himself as well as the fact that he has crossed the age of 60 years. C.K.ABDUL REHIM, JUDGE. okb