Disposed

V.K.Cheriyan v. the District Executive Officer

Kerala HC3 Jul 2020WP(C)/23372/2013

Case brief

AI extract

What is this about?

A retired driver over 60 filed a writ petition seeking exemption from welfare fund contributions and tax remittance conditions. The Court dismissed the petition, directing the petitioner to produce a valid current driving licence before the first respondent to claim exemption.

What did the court decide?

Directing the petitioner to produce an authenticated copy of his current valid driving licence before the 1st respondent to claim exemption from welfare fund contributions.

V.K.Cheriyan Vs the District Executive Officer — Pension and Retirement Benefits | Kerala HC (2020)

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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 V.G.ARUN

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FRIDAY, THE 03RD DAY OF JULY 2020 / 12TH ASHADHA, 1942

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WP(C).No.23372 OF 2013(V)

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PETITIONER/S:

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V.K.CHERIYAN, AGED 63 YEARS S/O.KURIAKO, VALETHU HOUSE, KADAYIRUPPU P.O., ERNAKULAM DISTRICT, PIN - 682 311.

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BY ADV. SRI.BENNY VARGHESE

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RESPONDENT/S:

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1 THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM, PIN - 682 018.

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2 THE SUB REGIONAL TRANSPORT OFFICER PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 542.

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3 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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4 THE TRANSPORT COMMISSIONER TRANSPORT COMMISSIONARATE, TRANCE TOWERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM, PIN - 695 001. R1 BY SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD R1 BY ADV. SRI.P.RAMAKRISHNAN SCKMTWF BOARD

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BY GP SMT. RASHMI K.M.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23372 OF 2013(V) ..2..

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JUDGMENT

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Dated this the 3rd day of July 2020

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The petitioner is the owner of a vehicle bearing

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Registration No.KL-40-C/6794 as borne out by Ext.P1 certificate of registration. According to the petitioner he himself was driving the vehicle. The petitioner had been remitted welfare fund contribution to the 1^st respondent as per the Kerala Motor Transport Workers Welfare Fund Act, 1985. The petitioner crossed 60 years on 05.02.2010, and thereupon his liability to pay welfare fund dues ceased. The grievance of the petitioner is that in spite of the exemption, the 2^nd respondent is compelling him to remit the welfare fund contribution as a condition for acceptance of tax.

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On noticing that Ext.P2 driving licence of the petitioner had expired, this Court had directed him to

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WP(C).No.23372 OF 2013(V) ..3..

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produce the revalidated driving licence and accordingly the petitioner has produced Ext.P7. A perusal of Ext.P7 reveals that the licence for driving transport vehicles granted thereunder has expired on 05.12.2016. The

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benefit of waiver from paying the welfare fund contribution will be available only to a self employed person above 60 years of age. The petitioner can claim to be a self-employed driver only if he is the holder of a valid licence. The learned counsel for the petitioner submits that the petitioner is in possession of a valid driving licence even as on today.

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In such circumstances, the writ petition is

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disposed of directing the petitioner to produce authenticated copy of his current licence to drive transport vehicles before the 1^st respondent. If the driving licence is produced, the 1^st respondent shall consider the petitioner's claim in the light of the

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WP(C).No.23372 OF 2013(V) ..4..

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applicable provisions and grant him the benefit of

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exemption.

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The writ petition is disposed of.

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SB/03/07/2020

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Sd/V.G.ARUN JUDGE

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WP(C).No.23372 OF 2013(V) ..5..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 EXHIBIT P1. THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING REGISTRATION NO.KL-40C-6794.

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EXHIBIT P2 EXHIBIT P2. THE TRUE COPY OF THE DRIVING LICENCE OF THE PETITIONER. EXHIBIT P3 EXHIBIT P3. THE TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF THE WORKERS WELFARE FUND BEFORE THE 1ST RESPONDENT DATED 11.01.2010.

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EXHIBIT P4 EXHIBIT P4. THE TRUE COPY FO THE RECEIPT SHOWING THE REMITTANCE OF THE WORKERS WELFARE FUND BEFORE THE 1ST RESPONDENT DATED 20.01.2012.

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EXHIBIT P5 EXHIBIT P5. THE TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF THE WORKERS WELFARE FUND BEFORE THE 1ST RESPONDENT DATED 29.01.2013.

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EXHIBIT P6 EXHIBIT P6. THE TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF THE VEHICLE TAX.

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// true copy //

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P.A to Judge

V.K.Cheriyan v. the District Executive Officer

Case brief

What is this about?

What did the court decide?

V.K.Cheriyan v. the District Executive Officer

Case brief

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