Allowed

Libu.K.Lukose v. the District Executive Officer

Kerala HC9 Dec 2016WP(C)/37513/2016

Case brief

AI extract

What is this about?

Writ petition disposed of. Court held the petitioner is liable to pay welfare fund contribution from the date of becoming the vehicle owner. Earlier order setting arrears against a different vehicle set aside; direction to recalculate dues from specified date.

What did the court decide?

Ext.P9 set aside. Direction to 1st respondent to calculate welfare fund due from 21.03.2016 and issue clearance certificate after payment.

Libu.K.Lukose Vs the District Executive Officer — Pension and Retirement Benefits | 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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 9TH DAY OF DECEMBER 2016/18TH AGRAHAYANA, 1938

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WP(C).No. 37513 of 2016 (l)

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PETITIONER(S):

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1. LIBU.K.LUKOSE, KATTUVEETTIL LIBU VILLA, NEERIKAD P.O., AYARKUNNAM, KOTTAYAM.

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2. P. UNNIKRISHNAN NAIR, CHAMPAKKARA ROAD LINES, CHAMPAKKARA P.O., KARUKACHAAL.

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BY ADV. SRI.K.V.GOPINATHAN NAIR

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RESPONDENT(S):

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1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOTTAYAM. PIN- 686 003.

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2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, KOTTAYAM- 686 003.

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3. REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, KOTTAYAM -686 002.

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R1 BY SRI.K.S.MANU, SC, KMTWWFB R2 BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF R3 BY SENIOR GOVERNMENT PLEADER S. GOPINATHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SKG

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WP(C).No. 37513 of 2016 (l)

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APPENDIX

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PETITIO -------	NER(S)' -------	EXHIBITS ---------
EXHIBIT	P1	TRUE COPY KL -05/AN	OF THE 576	REGISTRATION PARTICULARS OF
EXHIBIT	P2	TRUE COPY THE NUMBER COMMISSION	OF THE ISSUED ER.	LETTER REGARDING ALLOTMENT OF BY THE REGIONAL PROVISIONS FUND
EXHIBIT	P3	TRUE COPY CONTRIBUTI	OF THE ON FOR	RECEIPT REGARDING REMITTING THE MONTH JUNE 2016.
EXHIBIT	P4	TRUE COPY THE ABOVE	OF THE VEHICLE	RECEIPT REGARDING REMITTANCE OF DATED 29.8.2016.
EXHIBIT	P5	TRUE COPY TRANSPORT	OF THE AUTHORI	PROCEEDING OF THE REGIONAL TY KOTTAYAM DATED 8.2.2016.
EXHIBIT	P6	TRUE COPY ON 5.4.201	OF THE 6.	PERMIT ISSUED TO 1ST PETITIONER
EXHIBIT	P7	TRUE COPY W.P.(C) NO	OF THE , 29273	JUDGMENT OF THIS HON'BLE COURT /2016.
EXHIBIT	P8	TRUE COPY PETITIONER PROVIDENT	OF THE SHOWIN FUND.	STATEMENT GIVEN BY THE 2ND G THE LATEST REMITTANCE TOWARDS
EXHIBIT	P9	TRUE COPY	OF THE	LETTER DATED 7.11.2016.
RESPOND -------	ENT(S)' -------	EXHIBITS ---------		NIL

/TRUE COPY/

P.A. TO JUDGE

SKG

A. MUHAMED MUSTAQUE, J.

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W.P.(C) No. 37513 of 2016

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Dated this the 9^th day of December, 2016

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J U D G M E N T

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1.The 1^st petitioner purchased a new stage carriage,

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bearing Reg.No.KL-05/AN-576. The 2^nd petitioner is running an establishment covered under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 with Code No.KL - 10572/A. The 2^nd petitioner was holding a regular permit to operate on the route, Kottayam - Ranny, with stage carriage, bearing Reg.No.KL-05/C 4149. Since the 2^nd petitioner is not interested in operating the vehicle on the above route, the petitioners submitted a joint application for transfer of permit, before the Regional Transport Authority, Kottayam. Pending the said application, the 2^nd petitioner took legal possession of a vehicle, bearing Reg.No.35/6636, from its registered owner, and contribution in respect of the said vehicle has also been remitted to the 1^st respondent.

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..2..

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W.P.(C) No. 37513 of 2016

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2.The joint application was considered by the Regional Transport Authority, Kottayam and allowed transfer of permit from the 2^nd petitioner to the 1^st petitioner as per Ext.P5. Accordingly, the petitioner obtained permit to operate with the vehicle, bearing Reg.No.KL-05/AN-576. When the 1^st petitioner had approached the authority to remit motor tax in respect of the vehicle, bearing Reg.No.KL-05/AN-576, it was insisted that the 1^st petitioner shall pay the welfare fund due. This was challenged in WP(C) No.29273/2016, which was disposed of, as per Ext.P7, directing the Welfare Fund Board to compute the arrears, after hearing the petitioner. Pursuant to the above, Ext.P9 order has been passed by the Welfare Fund Board, calculating the amount due towards the welfare fund. This order is under challenge in this writ petition.

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3.It is submitted that the arrears are calculated based on the contribution payable in respect of a vehicle, bearing Reg.No.KL 05 N 5009, owned by the 2^nd petitioner.

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4.In the statement filed by the 2^nd respondent, it is stated as

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W.P.(C) No. 37513 of 2016

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..3..

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follows;

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“It is submitted that the establishment of the 2^nd petitioner namely, M/s Chambakkara Road Lines is covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 with code number is KL/KTM/10572 A. But, during 2016-17, the establishment has remitted contributions for one month only i.e. March, which was paid in April in respect of seven members. Thereafter, no contributions are received from the establishment. It is also submitted that the details of the vehicles are not essential for provident fund coverage and hence not available with the 2^nd respondent.”

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5.In the light of the fact that establishment of the 2^nd petitioner is covered by the Employees Provident Fund and Miscellaneous Provisions Act, 1952, this Court is of the view that the 1^st petitioner is liable to pay welfare fund contribution, from the date on which he became the owner of the vehicle. It is also made clear that any contribution payable under the Employees Provident Fund and Miscellaneous Provisions Act, 1952, need not be paid by the 1^st petitioner.

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6.Accordingly, Ext.P9 is set aside. There shall be a direction to the 1^st respondent to calculate the welfare fund due from 21.03.2016, the date on which the 1^st petitioner became the owner of the vehicle. On payment

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W.P.(C) No. 37513 of 2016

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..4..

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of the contribution towards welfare fund, clearance certificate shall be issued to the petitioner from 21.03.2016, the date on which the 1^st petitioner became

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the owner of the vehicle.

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7.The writ petition is disposed of as above.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

Libu.K.Lukose v. the District Executive Officer

Case brief

What is this about?

What did the court decide?

Libu.K.Lukose v. the District Executive Officer

Case brief

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