IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34649 of 2009(A) -------------------------- PETITIONER(S): --------------- ASIAN BIBLE COLLEGE OF CHURCH OF GOD IN SOUTH INDIA ASSOCIATION - REP. BY PRESIDENT REV. FR. GEORGE THARAKAN, AGED 77 YEARS, S/O. LATE KOCHUMMEN THARAKAN, ECCLESSIA, KOCHI - 24. BY ADV. SRI.P.K.JOSE SMT.TESSY JOSE RESPONDENT(S): --------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, ERNAKULAM. 2. THE REGIONAL TRANSPORT OFFICE, COLLECTORATE, CIVIL STATION, KAKKANAD, KOCHI. BY ADV. SRI. P. RAMACHANDRAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 34649 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd December, 2009. J U D G M E N T The petitioner runs a college by name Asian Bible College. For the purpose of the educational institution, they run a motor vehicle. On that basis, treating the petitioner as a 'motor transpot undertaking' as defined under the Motor Transport Workers Welfare Fund Act, the 1st respondent has initiated proceedings for recovery of contributions under that Act. According to the petitioner, the petitioner's establishment is not a motor transport undertaking and therefore they are not liable to pay any contributions under the Act. In this regard, the petitioner has filed Exts.P2 and P3 representations before the 1st respondent. The 2nd respondent has also sought clarification from the 1st respondent by issuing Ext. P1 in that regard. The petitioner seeks the following reliefs: “(a) Issue a writ of mandamus commanding respondents not to insist payment of drivers' welfare fund in respect of the vehicle No. KL-07-AQ-9023 being used by the Asian Bible College at Ecclesia of the petitioner. (b) To stay proceedings for collection of drivers welfare fund in respect of the vehicle No. KL-07-AQ-9023 being used by Asian Bible College.” 2. After hearing both sides, I am of opinion that the 1st respondent should take a final decision in the matter pursuant to Exts. P1 to P3 on the basis of the recent judicial pronouncements on the question whether an educational institution using a motor vehicle is a 'motor transport undertaking' as defined under the Act. Accordingly, I dispose of this writ petition with a direction to the 1st respondent to W.P.C. No. 34649/09 -: 2 :- take a final decision in the matter pursuant to Exts.P1 to P3 with reference to judicial pronouncements on the subject expeditiously. Till then, no coercive proceedings shall be taken against the petitioner for recovery of contributions under the Act. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.