IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 13548 of 2008(K) -------------------------- PETITIONER: ------------ PRINCIPAL, BETHANY ST. JOHN'S ENGLISH HIGHER SECONDARY SCHOOL, KUNNAMKULAM. BY ADV. SRI.K.B.GANGESH SRI.R.K.MURALEEDHARAN SMT.SMITHA CHATHANARAMBATH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TP GOVERNMENT, DEPARTMENT OF TRANSPORTS, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, VAZHUTHAKAD, THIRUVANANTHAPURAM. 3. RTO, GURUVAYOOR. 4. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THRISSUR. R1 TO R3 BY G.P. SRI. SREEKRISHNA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/04/2008 ALONG WITH WPC 13587 OF 2008 & CONNECTED CASES , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 13548 & 13549 OF 2008 -------------------------------------------- Dated this the 25th day of April, 2008 JUDGMENT The issue raised in the connected cases, that is the liability of the School to pay motor workers welfare fund contribution for the employees engasged in the School bus, is decided by a learned single Judge of this Court in WPC 5853 of 2008. Following the said judgment, these WPs are disposed of directing the third respondent to to receive tax for the School bus without production of any certificate of clearance from the Motor Workers Welfare Fund Board. However, since Writ Appeal is filed, there will be direction to the third respondent to go by the judgment by this Court in the Writ Appeal, as and when it is pronounced. However, there is no necessity for the Board to file Writ Appeal in all cases to get the benefit of the judgment in the pending Writ Appeal. (C.N. RAMACHANDRAN NAIR) Judge kk 2