Dismissed

Renjith v. the District Executive Officer.

Kerala HC9 Nov 2020WP(C)/801/2012

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to issue a stage carriage clearance certificate without demanding welfare fund dues. The court held that the Board has the power to demand these dues and dismissed the petition applying Ummar v. Joint Regional Transport Officer.

What did the court decide?

Direction to issue clearance certificate without insisting on due amount was denied.

Renjith Vs the District Executive Officer. — Service and Employment | 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 BECHU KURIAN THOMAS

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MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

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WP(C).No.801 OF 2012(A)

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PETITIONER :

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RENJITH, AGED 34 YEARS, MURUPPEL, IRAVON P.O., KONNI, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENT :

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THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA, PIN-689 645.

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R1 BY SRI.D.SAJEEV BABU, SC, KMTWWFB R1 BY SRI.C.K.JAYAKUMAR, SC, KMTWWFB R1 BY SRI.PRATHEESH, SC, KERALA MOTOR TRANSPORT WORKER WELFARE FUND BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.801 OF 2012(A)

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JUDGMENT

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Dated this the 9th day of November 2020

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This writ petition seeks for a direction to issue clearance certificate for stage carriage No.KL 3/K-16 without insisting on the amount demanded under Ext.P3. A perusal of Ext.P3 reveals that it is a notice issued by the respondent demanding the petitioner to pay the welfare fund dues due under the Kerala Motor Transport Welfare Fund for the period 6/2005 to 7/2008 and 4/2011 to 12/2011. According to the notice, an amount of Rs.27,300/- was due from the prior owner for the period 06/2005 till 07/2008 while a further amount of Rs.9,450/- was due for the period 4/2011 till 12/2011 and thus a total amount of Rs.36,750/- was due from the petitioner.

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In view of the decision in Ummar v. Joint Regional

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Transport Officer [2014 (4) KLT 358] , the liability for motor transport workers welfare fund will pass with the vehicle after 07.06.2005. Since admittedly the petitioner purchased the vehicle after 07.06.2005, the liability to pay the motor transport workers welfare fund will fall on the petitioner also, apart from the original owner for the period till the sale of the vehicle took place. Needless

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WP(C).No.801 OF 2012(A)

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to say that, as per the said decision, the liability for Kerala Motor Transport Workers Welfare Fund, if paid by the transferee on behalf of the transferer, the same can be recovered by the transferee, in accordance with law. Though the transferer is principally liable to pay the amount till he ceased ownership, a transferee cannot seek for a direction to issue a clearance certificate to him without insisting on the payment of such amount. As per the provisions of the statute, the Board has sufficient power to make the demand in the nature of Ext.P3.

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In the circumstances, there is no merit in the original petition and the same is dismissed.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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WP(C).No.801 OF 2012(A)

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APPENDIX

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PETITIONER'S EXHIBITS :

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P1 : COPY OF THE RELEVANT PORTION OF THE R.C.BOOK OF PETITIONER'S VEHICLE NO.KL 03/K-16

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P2 : COPY OF THE REQUEST DATED 27.12.2011 SUBMITTED BY THE PETITIONER.

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P3 : COPY OF THE PROCEEDING OF THE RESPONDENT NO.03/SC/418/11 DATED 29.12.2011

Renjith v. the District Executive Officer.

Case brief

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Renjith v. the District Executive Officer.

Case brief

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