Petitioner challenged refusal to accept welfare fund contribution. Court directed respondent to accept contribution from transfer date and issue No Dues certificate.
Directed to accept welfare fund contribution from 25.10.2019 and issue No Dues certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941
WP(C).No.3780 OF 2020
PETITIONER :
SHAMSEER PEECHAM VEETTIL, AGED 38 YEARS, S/O. MUHAMMED, PEECHAM VEETTIL, KANEERATHIL, PADIKKAL, MOONIYOOR, MALAPPURAM DISTRICT.
BY ADV. SRI.SAJU J.VALLYARA
RESPONDENTS :
1 THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, MALAPPURAM, MALAPPURAM P. O., PIN - 676 505, MALAPPURAM DISTRICT.
2 THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, 'BHAVISHYANIDHI BHAVAN', P. B. NO.1806, ERANHIPALAM P.O., KOZHIKODE - 673 006.
3 THE REGIONAL TRANSPORT OFFICER (TAXATION OFFICER) MALAPPURAM, CIVIL STATION, MALAPPURAM P. O., PIN - 676 505, MALAPPURAM DISTRICT.
4 SRI. ABDUL AZEEZ S/O. MAIDEEN CHAKKALA, VETTUKATTAPARAMBIL HOUSE, PADIKKAL, MOONIYOOR, VELIMUKKU, PIN - 676 317, MALAPPURAM DISTRICT.
R2 BY DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG.
SRI K.S MANU SC,SRI ABRAHAM P MAECHINKARA SC, SRI RON BASTIAN GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner herein is the owner of a stage carriage bearing registration No.KL-55-E-9455. The said vehicle was purchased by him from the 4th respondent, who is running an establishment by name ‘Muhabat Travels’ which is covered under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. The registration of the vehicle was transferred to the name of the petitioner herein on 25.10.2019 as is evidenced by Ext.P1. The petitioner approached the 1st respondent seeking inclusion of the vehicle under the Welfare Scheme of the Kerala Motor Transport Welfare Fund Board. The 1st respondent refused to accept the contribution and insisted that the petitioner should remit a sum of Rs.1,24,320/- (Rupees One Lakh Twenty Four Thousand Three Hundred and Twenty only) being the arrears of Welfare Fund from 2010 onwards. The petitioner relies on Ext.P5 certificate issued by the Assistant Provident Fund Commissioner and contends that the former owner has paid the contributions due to the provident fund in respect of the nine employees for the period upto 11/2019 including the employees engaged in contract carriage bearing Registration No.KL-55-E-9455 and in
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that view of the matter, Ext.P4 cannot be sustained.
held by a Division Bench of this Court that in view of the proviso appended to S.4 of the Kerala Motor Transport Workers Welfare Fund Act, 1985, once an establishment viz. Motor Transport Undertaking, is covered by the provisions of the Provident Fund Act, 1952, either under subsection (3) or under sub-section (4) of the Act, those motor transport undertakings are kept out of S.4 of the Welfare Fund Act.
In the result, this petition will stand allowed and the 1st respondent is directed to accept welfare fund contribution from the petitioner in respect of a stage carriage bearing Reg. No.KL-55-E 9455 from 25.10.2019 being the date of transfer and shall issue a No Dues
1 [2008 (3) KLT 807]
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certificate. On production of the certificate before the 3rd respondent, he
shall accept motor vehicle tax.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
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APPENDIX
PETITIONER(S) EXHIBITS :
| EXHIBIT P1 | PHOTOCOPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL-55-E-9455. |
|---|---|
| EXHIBIT P2 | PHOTOCOPY OF THE REGULAR PERMIT IN RESPECT OF STAGE CARRIAGE KL-55-E-9455. |
| EXHIBIT P3 | PHOTOCOPY OF THE REQUEST DATED 22.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. |
| EXHIBIT P4 | PHOTOCOPY OF THE LETTER NO.A.151/2020 DATED 25.1.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. |
| EXHIBIT P5 | PHOTOCOPY OF THE CERTIFICATE NO.KR/KK/17783/ENF-3(3)/2019 DATED 28.1.2020 ISSUED BY THE 2ND RESPONDENT. |
RESPONDENT(S) EXHIBITS: NIL
Shamseer Peecham Veetil
District Executive Officer Kerala Motor Transport Workers' Welfare Fund Board, Malappuram
Assistant Provident Fund Commissioner, Employees' Provident Fund Organization
Regional Transport Officer (Taxation Officer) Malappuram
Abdul Azeez
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
