Allowed

Binu John v. the District Executive Officer

Kerala HC3 Jan 2017WP(C)/41244/2016

Case brief

AI extract

What is this about?

In a writ petition, the court directed the District Executive Officer of the Kerala Motor Transport Workers' Welfare Fund Board to accept welfare fund contributions from a new vehicle purchaser starting from the purchase date. The court held that since the establishment was already covered under the Employees Provident Fund Act before the purchase, the new owner must pay the welfare fund contribut

What did the court decide?

Direction to 1st respondent to accept welfare fund contributions from 3rd petitioner from 20.08.2016 and issue NOC for motor tax remittance.

Binu John Vs the District Executive Officer — Pension and Retirement Benefits | Kerala HC (2017)

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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 3RD DAY OF JANUARY 2017/13TH POUSHA, 1938

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WP(C).No. 41244 of 2016 (E)

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PETITIONER(S):

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1. BINU JOHN, S/O T.P.JOHN, AGED 43 YEARS, M/S. GANGA TRAVELS',THEKKUMBHAGOM, THRIPUNTIHURA, ERNAKULAM- 682 301

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2. BIJU JOHN, S/O T.P.JOHN, AGED 42 YEARS,PARTNER, M/S. GANGA TRAVELS, THEKKUMBHAGOM, THRIPUNTIHURA, ERNAKULAM- 682 301

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3. BALU M, AGED 45 YEARS, S/O MOHANAN K.R. SREEVILASA MANDIRAM, CHATHANNOOR, MEENAD P.O.KARAMCODE, KOLLLAM- 691 579

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BY ADV. SRI.A.K.ABDUL AZEEZ

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RESPONDENT(S):

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1. THE DISTRICT EXECUTIVE OFFICER KERAL MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD SULTHAN COMPLEX, HIGH SCHOOL JN. KOLLAM- 691 021

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2. EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYA NIDHI BHAVAN, KALOOR, ERNAKULAM- 682 017

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R1 BY SRI.C.K.JAYAKUMAR, SC, R2 BY ADV. DR.S. GOPAKUMARAN NAIR (SR.) BY SRI.S.PRASANTH, SC,

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-01-2017,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 41244 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPIES OF CERTIFICATE OF REGISTRATION FOR CONRACT CARRIAGE VEHICLE BEARING REGISTRATION NO.KL-39-A-6390 EXHIBIT P2 TRUE COPIES OF THE E-PAYMENT CHALLANS MADE FOR THE 1ST AND 2ND PETITIONERS' TRAVELS UPTO HE MONTH OF OCTOBER 2016

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RESPONDENT(S)' EXHIBITS : NIL.

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//TRUE COPY// P.A. TO JUDGE

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A. MUHAMED MUSTAQUE, J.

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W.P.(C) No. 41244 of 2016

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Dated this the 3^rd day of January, 2017

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J U D G M E N T

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1.Petitioners 1 & 2 are the partners of M/s Ganga

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Travels, an establishment covered under the Employees Provident Fund Act. The 3^rd petitioner purchased a vehicle from petitioners 1 & 2 on 20.08.2016 as reflected from Ext.P1. The 3^rd petitioner approached this Court, seeking a direction to the 1^st respondent to accept contribution towards the Kerala Motor Workers Welfare Fund with effect from the date of purchase, i.e., 20.08.2016.

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2.The fact that the establishment is covered by the Employees Provident Fund Act, is not disputed by the learned Standing Counsel for the EPF authority. Therefore, as the establishment is covered prior to the purchase, this Court is of the view that the 3^rd petitioner need to pay motor transport welfare fund

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W.P.(C) No. 41244 of 2016

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..2..

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only with effect from the date of purchase. Therefore, the 1^st respondent shall accept welfare fund from the 3^rd petitioner from 20.08.2016 onwards. On remitting the amount, necessary NOC shall be issued to the 3^rd petitioner enabling him to remit motor tax.

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3.The writ petition is disposed of as above.

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Sd/-

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A. MUHAMED MUSTAQUE JUDGE

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bka/-

Binu John v. the District Executive Officer

Case brief

What is this about?

What did the court decide?

Binu John v. the District Executive Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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