Partly allowed

Shaji v. District Executive Officer

Kerala HC4 Jul 2016WP(C)/22213/2016

Case brief

AI extract

What is this about?

Held the joint writ petition was defective due to distinct causes of action for separate vehicles. For the first petitioner, directed the first respondent to assess defaulted welfare fund contributions within one month and issue a provisional clearance certificate if half the amount is remitted, enabling tax payment.

What did the court decide?

Directing the first respondent to assess defaulted contributions within one month; issue provisional clearance certificate if half the assessed amount is remitted; permit second respondent to accept t

Shaji Vs District Executive Officer — Service and Employment | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938

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WP(C).No. 22213 of 2016 (B)

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PETITIONERS:

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1. SHAJI M.S., AGED 47 YEARS S/O. SUDHAKARAN, MUDATHOLY HOUSE, MANALLOOR P.O., THRISSUR-680 617.

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2. PREETHI SHAJI

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W/O. SHAJI M.S., MUDATHOLY HOUSE, MANALLOOR P.O., THRISSUR-680 617.

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BY ADV. SRI.M.JITHESH MENON

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RESPONDENTS:

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1. DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THRISSUR-680 003.

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2. THE REGIONAL TRANSPORT OFFICER

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(TAXATION OFFICER), THRISSUR-680 003.

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R2 BY SR.GOVERNMENT PLEADER SMT.SHERIN P.K. R1 BY SRI.K.S.MANU, SC, KMTWWFB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22213 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 COPY OF THE STAGE CARRIAGE PERMIT IN RESPECT OF STAGE CARRIAGE KL-8/W 3969 DATED 3.11.2006.

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P2 COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL-8/W 3969.

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P3 COPY OF THE STAGE CARRIAGE PERMIT DATED 24.6.2015 IN RESPECT OF KL-9/M 2096.

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P4 COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF KL-9/M 2096.

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P5 COPY OF THE GOVERNMENT ORDER DATED 10.6.2016.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.A.TO JUDGE

JJJ

K. VINOD CHANDRAN, J.

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W.P.(C) No. 22213 of 2016 (B)

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Dated: 7^th July, 2016

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J U D G M E N T

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The 1^st and 2^nd petitioners are operators of two

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stage carriages and are concerned with the default in payment of motor vehicle tax and the contribution under the Kerala Motor Transport Workers Welfare Fund Act, 1985. This Court does not find any joinder of cause of action, to enable the filing of a single writ petition. The cause of action are distinct defaults, with respect to two separate vehicles and the mere fact that the petitioners are husband and wife would not enable them to club the grievance as a common one and file a single writ petition. Hence, the writ petition is confined to the 1^st petitioner and the relief sought by the 2^nd petitioner is rejected on the aforesaid ground, leaving liberty to move afresh.

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W.P.(C) No. 22213/2016

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As far as the 1^st petitioner is concerned, the 1^st petitioner is a permit holder on the route Palazhi-Thrissur-Guruvayoor, which he operates with a stage carriage bearing Registration No. KL-08 W 3969. When the petitioner approached the 1^st respondent for issuance of clearance certificate, for payment of contributions as per the Kerala Motor Transport Workers Welfare Fund Act, 1985, the 1^st respondent refused to accept the same. The denial of payment of contribution was on account of there being past dues.

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Considering the circumstance that the petitioner is unable to operate the vehicle after payment of tax, this Court is of the opinion that the 1^st respondent can be directed to assess the defaulted contributions and on payment of the same, issue a provisional certificate which would enable the payment of the tax for the current year and ensure that the

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W.P.(C) No. 22213/2016

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-3-

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petitioner can put the vehicle on road. However, the liability of the vehicle for the prior period towards the contribution under the Welfare Fund Act, would also have to be satisfied to the full, since the petitioner has purchased the vehicle in 2006 and failed to enroll his workers under the Welfare Fund Act or pay contribution.

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In that context, the 1^st respondent shall compute the amounts due from the vehicle under the Welfare Fund Act, with due notice to the petitioner and finalise the same within a period of one month from the date of receipt of a certified copy of this judgment. However, if the petitioner commits any default or the petitioner does not attend the hearing constituted by the 1^st respondent, the 1^st respondent would be entitled to proceed against the vehicle and realise the dues. The clearance certificate shall be issued provisionally if the

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W.P.(C) No. 22213/2016

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petitioner remits at least half the amount assessed. The tax shall also be accepted by the 2^nd respondent on the

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basis of the provisional clearance certificate.

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Writ petition is disposed of.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 4/7/16

Shaji v. District Executive Officer

Case brief

What is this about?

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Shaji v. District Executive Officer

Case brief

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