IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 1291 of 2011(J) ------------------------- PETITIONER(S): --------------- 1. P.K.DAMODHARAN, AGED 76 YEARS, S/O.LATE ACHUTHAN NAIR, CHOUKAPARAMBIL HOUSE, PACHALAM, KOCHI-12. 2. SUBRAMANIAN K.C., AGED 62 YEARS, S/O.LATE VALLIKUTTY, KULANGARA HOUSE, THEKKUMTHALA PARAMBIL, PACHALAM, KOCHI-12. 3. DEVASSY XAVIER P., AGED 61 YEARS, S/O.LATE XAVIER, PANAKKAL HOUSE, 49/1455, PONEKKARA, ELAMAKKARA P.O., KOCHI-41. BY ADV. SRI.ASOK M.CHERIAN SMT.S.RAKHEE SRI.S.KANNAN RESPONDENT(S): --------------- 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM - 682 030. 2. THE REGISTERING AUTHORITY (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, ERNAKULAM - 682 030. BY SR.GOVT. PLEADER SRI.MATHEW GEORGE VADEKKAL ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.1291 of 2011-J ---------------------------------------- Dated this the 19th day of January, 2011. J U D G M E N T The petitioners claim to be registered owners of autorickshaw which are being plied by themselves as self employment venture. According to the petitioners all of them have crossed the age of 60 years. Under such circumstances contention is that they will not come within the definition of worker under the Kerala Motor Transport Workers Welfare Fund Act. Since the vehicles are plied by themselves they will not come within the definition of 'employer' or 'employee' under Section 2(d) and (e) respectively, is the contention. In view of the situation, the petitioners claim exemption from payment of contributions to the Kerala Motor Transport Workers Welfare Fund. 2. Grievance of the petitioners is that the motor vehicles tax due with respect to the vehicles owned by them is not being accepted by the 2nd respondent insisting upon production of proof regarding payment of contributions, which according to them is illegal in the above mentioned circumstances. W.P(C) No.1291 of 2011-J 2 3. The issue now stands covered in favour of the petitioners by a decision of this Court in Ta-Aleemul Islam Trust & Others V State of Kerala & others (2009(4) KHC 259). Therefore I am of the opinion that the insistence for payment of contributions to the welfare fund could not be sustained. 4. Under the above circumstances, the writ petition is disposed of directing the 2nd respondent to accept motor vehicles tax with respect to Autorickshaws owned by the petitioners without insisting for production of proof regarding payment of contributions to the welfare fund, subject to condition of the petitioners producing Registration Certificates of their vehicles in proof of the ownership, valid licence and badge, as well as proof regarding age in order to prove that they are owners of the vehicles plied by themselves and that they have crossed the age of 60 years. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// ab P.A to Judge