Disposed

Shoba.v v. Joint R.T.O. Thalassery

Kerala HC11 Apr 2013WP(C)/32319/2008

Case brief

AI extract

What is this about?

Petitioner purchased a stage carriage liable for prior fund dues. Court directed the second respondent to decide liability between petitioner and vendor, allowing recovery from the vehicle irrespective of that decision.

What did the court decide?

Directing the second respondent to pass orders on the representation filed by the petitioner regarding liability for prior dues, with notice to the vendor.

Shoba.v Vs Joint R.T.O. Thalassery — Labour and Industrial Disputes | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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THURSDAY, THE 11TH DAY OF APRIL 2013/21ST CHAITHRA 1935

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WP(C).No. 32319 of 2008 (V)

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PETITIONER:

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SHOBA.V, W/O.CHANDRAN, 535/A, ANGADICHALIL HOUSE, ERNHOLI.P.O, THALASSERRY.

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BY ADV. SRI.M.A.FAYAZ

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RESPONDENTS:

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1. THE JOINT REGIONAL TRANSPORT OFFICER, THALASSERRY.

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2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, KANNUR.

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R1 BY SENIOR GOVERNMENT PLEADER, SRI.JOSEPH GEORGE R2 BY SRI.PAULSON C.VARGHESE, SC, KMTWF BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32319 of 2008 (V)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	: TRUE PHOTOCOPY OF THE RELEVANT EXTRACTS OF THE REGISTRATION CERTIFICATE OF THE VEHICLE; KL-13-H-437, SHOWING THE DATE OF TRANSFER OF VEHICLE TO PETITIONER'S NAME.
EXT.P2	: TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE SHOWING THAT SMT. OMANA WAS THE OWNER OF THE VEHICLE.
EXT.P3	: TRUE PHOTOCOPY OF THE RECEIPT OF PAYMENT TOWARDS THE FUND BY SMT.MAHILA.
EXT.P4	: TRUE PHOTOCOPY OF THE REPRESENTATION FILED BEFORE THE SECOND RESPONDENT.
EXT.P5	: TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.11507 OF 2008.
EXT.P6	: TRUE PHOTOCOPY OF THE INTERIM ORDER IN W.P.(C) NO.15634 OF 2008 DATED 05.06.2008, DIRECTED THE TAXATION OFFICER TO ACCEPT THE MOTOR TAX.

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RESPONDENTS EXHIBITS:NIL.

/TRUE COPY/

P.A.TO JUDGE

ANTONY DOMINIC,J

W.P.(C) No.32319 of 2008

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Dated this the 11^th day of April, 2013

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JUDGMENT

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Petitioner has purchased a Stage Carriage Bearing Registration No.KL-13-H-437 on 22.09.2008. It appears that the vehicle was in default in paying the dues of the second respondent for the period prior to 22.09.2008. For that reason, tax was not accepted from the petitioner

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and it was at that stage, this writ petition is filed.

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Contention of the petitioner is that the liability to

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pay the dues is that of the employer and the employer during the relevant period was his vendor and therefore the recovery should be from the vendor. It is seen that raising this dispute, the petitioner has filed Ext.P4 before the second respondent.

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Therefore, I direct the second respondent to pass orders thereon with notice to the petitioner and the vendor. It is also made clear that irrespective of the

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W.P.(c) No.32319 of 2008

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: 2 :

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decision taken, it would be open to the second respondent to proceed against the vehicle and recover its

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dues.

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Writ petition is disposed of as above.

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Sd/- ANTONY DOMINIC, JUDGE

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Shoba.v v. Joint R.T.O. Thalassery

Case brief

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Shoba.v v. Joint R.T.O. Thalassery

Case brief

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