The District Executive Officer, Kerala Motor Transport Workers v. Biju George Abraham

Kerala HC21 Jul 2015RP/482/2015

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In this review petition filed by the respondent in the underlying writ petition, the High Court clarified a previous judgment regarding welfare fund dues. The Court stated that while the vehicle involved was a Medium Passenger Motor Vehicle, the Board had been accepting payments treating it as a Light Motor Vehicle since 2007. The Court reserved its opinion on the merits of the claim for heavier d

What the court decided

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The District Executive Officer, Kerala Motor… — Pension and Retirement Benefits | Kerala HC (2015)

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937

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RP.No. 482 of 2015 (F)

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-------------------------------------(AGAINST THE JUDGMENT IN WP(C).NO. 13657/2015 DATED 08-05-2015)

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PETITIONER/RESPONDENT:

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THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM.

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BY ADV. SRI.P.RAMAKRISHNAN

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RESPONDENT/PETITIONER:

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BIJU GEORGE ABRAHAM, CHALAPPURATH HOUSE, VARIKOLY P.O, PUTHENCRUZ- 682 308.

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BY SRI.STALIN PETER DAVIS

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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A.MUHAMED MUSTAQUE, J.

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R.P.No.482 of 2015

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in W.P.(C).No.13657 of 2015

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Dated this the 21^st day of July, 2015

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O R D E R

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This review petition is at the instance of the respondent in the writ petition.

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This Court by judgment dated 08.05.2015 directed the review petitioner to issue welfare fund clearance certificate in respect of vehicle bearing Registration No.KL-40/6548 on the premise that, the writ petitioner has cleared the entire welfare fund due. There is no dispute to the fact that, the writ petitioner has paid the welfare fund due treating it as a Light Motor Vehicle.

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The learned counsel for the Board submits that, the vehicle of the writ petitioner is Medium Passenger Motor Vehicle and therefore, the welfare fund due to the petitioner is at the rate applicable for Heavy Passenger Motor Vehicle.

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The learned counsel for the writ petitioner points out that, the Welfare Fund Board receiving the due from the petitioner since 2007 onwards without any demand or protest and the vehicle is only Light Motor Vehicle.

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This Court is not expressing anything on the merit of the rival contention. It is apparent that the Board is attempting to claim their entire arrears from 2007 onwards as applicable to Heavy

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R.P.No.482 of 2015 in W.P.(C).No.13657 of 2015 2

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Passenger Motor Vehicle for the reason that, the vehicle is MPMV. If such right is available to the Board, the Board is free to do so in accordance with law. The judgment is clarified to the said extent.

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Accordingly, this review petition is disposed of.

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Sd/- A.MUHAMED MUSTAQUE, JUDGE.

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The District Executive Officer, Kerala Motor Transport Workers v. Biju George Abraham

Case brief

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The District Executive Officer, Kerala Motor Transport Workers v. Biju George Abraham

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