High Court Kerala High Court

C.K.Jyothiraj vs The Transport Commissioner on 22 May, 2008

Kerala High Court
C.K.Jyothiraj vs The Transport Commissioner on 22 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14552 of 2008(G)


1. C.K.JYOTHIRAJ, AGED 39 YEARS,
                      ...  Petitioner

                        Vs



1. THE TRANSPORT COMMISSIONER,
                       ...       Respondent

2. THE CHIEF EXECUTIVE OFFICER,

3. THE REGIONAL TRANSPORT OFFICER,

4. THE SECRETARY,

5. STATE OF KERALA,

                For Petitioner  :SRI.K.RAMANATHAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :22/05/2008

 O R D E R
                         K. M. JOSEPH, J.
                  --------------------------------------
                  W.P.C. NO. 14552 OF 2008 G
                  --------------------------------------
                  Dated this the 22nd May, 2008

                            JUDGMENT

Petitioner is the owner of a stage carriage. According to

him, he is remitting tax without fail. When the petitioner

approached the third respondent on 12.2.2008, he was informed

that unless he pays the employer’s contribution for eight months

towards the Employees’ Welfare Fund, the tax will not be

accepted. He was compelled to pay Rs.23,490/= as road tax and

a sum of Rs.8,400/= to the second respondent as contribution for

eight months of the Employees’ Welfare Fund under protest.

Petitioner preferred Ext.P3 representation. Ext.P4 is the

Circular issued, wherein it is indicated that the employer’s

contribution along with arrears is mandatory for accepting road

tax without insisting for payment of employees’ contribution to

the same. It is alleged that it is discriminatory and

unconstitutional. Learned counsel for petitioner challenges

Ext.P4 Circular and seeks a mandamus to the fifth respondent to

accept payment of road tax alone, without making the payment

of employer’s contribution to the Employees Welfare Fund a

mandatory pre-requisite condition.

2. I heard Shri K. Ramanathan, learned counsel for the

petitioner, the learned Government Pleader and also the learned

WPC. 14552/08 G 2

counsel for the second respondent. The requirement that the

owner of a stage carriage should remit the employer’s

contribution is enjoined under the provisions of a Statute as

brought by an amendment. The Circular essentially purports to

enforce the same. Learned Government Pleader also submits

that, in fact, there is a challenge to the said provision and the

said provision stands upheld by this Court. Therefore, it is not

open to the petitioner to challenge the Circular. A mandamus

cannot be asked to do something contrary to the statutory

provision or a Circular which I have found is not liable to be

interfered with. There is no merit in this Writ Petition and it is

dismissed.

K. M. JOSEPH, JUDGE

kbk.