IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 W.A.No.1374 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.36935/2007 DATED 14/01/2008 .................... APPELLANTS/PETITIONERS:- ------------------------------------------ 1. K.P. USMAN, S/O KUNJU RAYIN, MADHURAKKAL, CHERUVANNUR, NALLALAM, KOZHIKODE. 2. V.V.VELAYUDHAN, S/O KUNHIKANNA, VENGALATHAM VEETTIL HOUSE, KARUVANGAD P.O., KOYILANDY. 3. KASIM R.M., S/O POKKER, RAROTHIDATHIL MEETHAL, NARATH, ULIYERI PANCHAYATH, KOYILANDY KOZHIKODE. 4. RAVEENDRAN T. S/O KELAPPAN, THADINAN, MOODADI NORTH P.O., KOLLAM, KOYILANDY. 5. MURALEEDHARAN C, S/O IMBICHUTTY , POONTHALA HOUSE, FEROKE, KOZHIKODE. 6. E.P. CHANDUKUTTY, S/O KUNHIRAMAN, 1/408 A, VALIYAVEETTIL HOUSE, MELUR P.O., KOYILANDY. 7. T.M.SREEDHARAN, S/O NARAYANAN NAIR, MUNDANKANDI HOUSE, SREE NILAYAM, CHEMMANCHERRY, KOYILANDY. W.A.NO.1374 OF 2008 - 2 - 8. K.P. RAJEEVAN, S/O KUNHIKRISHNN NAIR, KARUVAM PADIKKAL HOUSE, MUCHUKUNNU P.O., KOZHIKODE. 9. R.RAJAN, S/O RAMAKRISHNAN, SUB CENTRE PULIYANCHERRY, KOYILANDY,. 10. T.VALSARAJAN, S/O CHATHUKUTTY, KUTTIYATH THAZHE HOUSE, KOLLAM P.O., KOYILANDY. 11. N.K. BALAN, S/O CHEKUNI NAIR, VAZHAYIL MEETHAL HOUSE, MUCHUKUNNU, KOYILANDY. 12. HARIS C.P., PRINCE, KALOOR ROAD, MANAKAVU, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, KOLLAM. 3. REGIONAL TRANSPORT OFFICER, KOZHIKODE. R1 & R3 BY SR.GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN R2 BY STANDING COUNSEL SRI.P.RAMAKRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1374 of 2008 ---------------------------------------------- Dated, this the 24th day of July, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.36935 of 2007 dated 14.01.2008. 2. The facts in brief are: The petitioners are the owners of auto-rickshaws, carrying passengers or goods. They claim, that, in view of the provisions contained in Clause 7(a) of the Kerala Auto-rickshaw Workers Welfare Fund Scheme, 1991, the coverage under the Scheme is optional and since they have opted to remain outside the Scheme, they are not liable to pay contributions to the Kerala Motor Transport Workers Welfare Fund. They would, further, contend that the motor vehicle tax in respect of their auto-rickshaws are not being accepted without production of receipt of remittance of welfare fund contribution from the year 2005, by virtue of the amendments that are brought in, in the Kerala Motor Transport Workers Welfare Fund Scheme, 1985. Therefore, in the writ petition they have requested this Court to direct the respondents to accept the tax under the provisions of the Kerala Motor Vehicles Taxation Act without compelling the production of receipt of remittance of welfare fund contribution. 3. By virtue of the amendment made in 2005 to the 1985 Scheme, auto-rickshaw owners and also the workers are to remit Rs.50/- W.A.No.1374 of 2008 - 2 - each per month towards welfare fund contribution and the minimum number of worker per auto-rickshaw is fixed as one. 4. The learned Single Judge, after carefully perusing the various provisions of the 1985 Scheme and also the 1991 Scheme, has come to the conclusion that those auto-rickshaws which remain outside the 1991 Scheme are automatically covered by the 1985 Scheme. Therefore, the learned Single Judge is of the view that there is nothing illegal in requiring the petitioners to produce the certificates as envisaged under Clause 8A of the 1985 Scheme. 5. Aggrieved by the reasoning and conclusion reached by the learned Single Judge, the petitioners in the writ petition are before us in this Writ Appeal. 6. Sri.T.G.Rajendran, learned counsel appearing for the appellants, after arguing the matter for quite some time, submits, that, he may be, at least, permitted to approach the State Government to grant exemption from the purview of the Kerala Motor Transport Workers Welfare Fund Scheme, by making an appropriate representation. 7. In our opinion, if the request of the learned counsel appearing for the appellant is granted and if a direction is issued to the respondents to consider the said representation in accordance with law and untrammelled by the observations made by the learned Single Judge, W.A.No.1374 of 2008 - 3 - it would not cause any prejudice to the respondents. 8. In view of the above, without expressing any opinion on the merits or demerits of the appellants' case before us, we pass the following: Order (i) The Writ Appeal is disposed of. (ii) The appellants are permitted to make an appropriate representation before the State Government to exempt them from the purview of the Kerala Motor Transport Workers Welfare Fund Scheme. (iii) It is needless to say that if and when such an application/representation is made by the appellants, the State Government would consider the same and pass appropriate orders in accordance with law, without being influenced by any one of the observations made by the learned Single Judge in the impugned judgment. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge