Disposed

Jose v. Regional Transport Officer

Kerala HC2 Feb 2015WP(C)/9040/2012

Case brief

AI extract

What is this about?

A writ petitioner, registered owner of a stage carriage, approached the court regarding refusal by respondents to accept contribution towards the Kerala Motor Transport Workers Welfare Fund. The court disposed of the petition permitting payment of dues from October 2011 onwards.

What did the court decide?

Writ petition disposed of permitting the petitioner to pay the dues under the Employees Provident Fund Act to the second respondent Board from October, 2011 onwards.

Jose Vs Regional Transport Officer — Pension and Retirement Benefits | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

¶4

MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936

¶5

WP(C).No. 9040 of 2012 (D)

¶6

PETITIONER:

¶7

JOSE, AGED 34 YEARS S/O.POULOSE, 2/272, KOLENCHERY HOUSE KUTTIKKAD P.O, THRISSUR DISTRICT.

¶8

BY ADVS.SRI.G.HARIHARAN

¶9

SRI.PRAVEEN.H.

¶10

RESPONDENTS:

¶11

1. REGIONAL TRANSPORT OFFICER THRISSUR - 680 001.

¶12

2. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND THRISSUR, PIN 680 001.

¶13

3. EMPLOYEES' PROVIDENT FUND ORGANISATION ERNAKULAM, PIN 682 017.

¶14

4. M/S.SEENA BUS SERVICE

¶15

KOTTAKKAL, MALAPPURAM DISTRICT PIN - 676 505, REPRESENTED BY PROPRIETOR, VELAYUDHAN

¶16

R3 BY ADV. DR.S.GOPAKUMARAN NAIR (SR.) R BY SRI.K.S.MANU (PUNUKKONNOOR) R BY SRI.A.RAJASIMHAN,SC,EPF ORGANISATION

¶17

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

WP(C).No. 9040 of 2012 (D)

¶19

APPENDIX

¶20

PETITIONER'S EXHIBITS:

¶21

EXT.P-1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF BUS NO.KL-55E-4432.

¶22

EXT.P-2 TRUE COPY OF THE CERTIFICATE DATED 27.12.2011 ISSUED BY THE 4TH RESPONDENT EVIDENCING PAYMENT OF CONTRIBUTION TOWARDS EXHIBIT.P1

¶23

RESPONDENT'S EXHIBITS: NIL

TRUE COPY

PA TO JUDGE

Scl.

A.V.RAMAKRISHNA PILLAI, J.

¶28

W.P.(C) No.9040 of 2012

¶29

Dated this the 2^nd day of February, 2015.

¶30

JUDGMENT

¶31

The petitioner is the registered owner of a stage carriage bearing registration No.KL-55E-4432, which was purchased from the fourth respondent on payment of consideration. The petitioner alleges that the previous owner was paying contribution under the Employees Provident Fund Act and according to the petitioner, the entire amount was paid by the fourth respondent till the date of sale ie, upto the period ending 30.9.2011. The petitioner is aggrieved by the stand taken by respondents 1 and 2 in refusing to accept contribution towards Kerala Motor Transport Workers Welfare Fund and also requesting to accept the tax for the up-coming

¶32

quarter. It is in this context, the petitioner has come up before this Court.

¶33

This Court by an interim order dated 10-4-2012 directed the first respondent to accept Motor Vehicle tax

¶34

W.P.(c) No.9040/2012

¶35

relating to the petitioner's vehicle for the period commencing from 1.4.2012, without insisting on proof of payment of the Welfare Fund dues for the period prior to September, 2011.

¶36

Today, when the matter came up for hearing, the

¶37

learned Standing Counsel for the second respondent submits that the payment upto September 2011 has been paid by the previous owner and payment from October 2011 onwards is due.

¶38

In the light of the said submission, the writ petition is disposed of, permitting the petitioner to pay the dues under the Employees Provident Fund Act to the second respondent

¶39

Board from October, 2011 onwards.

¶40

Sd/-

¶41

A.V.RAMAKRISHNA PILLAI JUDGE

¶42

Scl.

Jose v. Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Jose v. Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mercy Benny Vs Vadakkekara Grama Panchayath

M/S.Dual Foods and Beverages (P) Ltd. Vs Rayamangalam Grama Panchayath

Mr. Achutha Kumar K.V. Vs Branch Manager, Indusind Bank Ltd.

Tamilvanan Vs State of Kerala

Rajeev.K.R. Vs Chief Engineer Hrm, K.S.E.B

Universal Agencies Vs the Union of India