IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13587 of 2008(P)
1. ARAFA PUBLIC SCHOOL, PAZHAKKAPPILLY P.O
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB REGIONAL TRANSPORT OFFICER
3. THE DISTRICT EXECUTIVE OFFICER
For Petitioner :SRI.C.A.MAJEED
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :25/04/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO. 13587 & 13593 & 13597
13548 & 13549/2008
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Dated this the 25th day of April, 2008
JUDGMENT
The issue raised in the connected cases, that is the liability of the
School Authorities to pay motor workers welfare fund contribution for
the employees engaged in the School bus, is decided in favour of
petitioners by a learned single Judge of this Court in WPC 5853 of
2008 and connected cases. Following the said judgment, these WPs are
disposed of directing the concerned Joint Regional Transport Officer
or Regional Transport Officer to receive tax for the School bus without
production of any certificate or clearance from the Motor Workers
Welfare Fund Board. However, since Writ Appeals are filed in the
other cases, there will be direction to the concerned Joint Regional
Transport Officer or Regional Transport Officer to apply the judgment
of this Court in the Writ Appeals in the case of petitioners also, as and
when it is pronounced. In other words, there is no necessity for the
Board to file Writ Appeals in these cases as this judgment will be
subject to the result of the pending Writ Appeals in the same matter.
(C.N. RAMACHANDRAN NAIR)
Judge
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