Asian Bible College Of Church Of vs The District Executive Officer on 2 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34649 of 2009(A)


1. ASIAN BIBLE COLLEGE OF CHURCH OF
                      ...  Petitioner

                        Vs



1. THE DISTRICT EXECUTIVE OFFICER,
                       ...       Respondent

2. THE REGIONAL TRANSPORT OFFICE,

                For Petitioner  :SRI.P.K.JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :02/12/2009

 O R D E R
                                 S. Siri Jagan, J.
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                        W. P (C) No. 34649 of 2009
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                   Dated this, the 2nd December, 2009.

                                J U D G M E N T

The petitioner runs a college by name Asian Bible College. For

the purpose of the educational institution, they run a motor vehicle.

On that basis, treating the petitioner as a ‘motor transpot

undertaking’ as defined under the Motor Transport Workers Welfare

Fund Act, the 1st respondent has initiated proceedings for recovery

of contributions under that Act. According to the petitioner, the

petitioner’s establishment is not a motor transport undertaking and

therefore they are not liable to pay any contributions under the Act.

In this regard, the petitioner has filed Exts.P2 and P3 representations

before the 1st respondent. The 2nd respondent has also sought

clarification from the 1st respondent by issuing Ext. P1 in that regard.

The petitioner seeks the following reliefs:

“(a) Issue a writ of mandamus commanding respondents not to
insist payment of drivers’ welfare fund in respect of the vehicle
No. KL-07-AQ-9023 being used by the Asian Bible College at
Ecclesia of the petitioner.

(b) To stay proceedings for collection of drivers welfare fund in
respect of the vehicle No. KL-07-AQ-9023 being used by Asian
Bible College.”

2. After hearing both sides, I am of opinion that the 1st

respondent should take a final decision in the matter pursuant to Exts.

P1 to P3 on the basis of the recent judicial pronouncements on the

question whether an educational institution using a motor vehicle is a

‘motor transport undertaking’ as defined under the Act. Accordingly,

I dispose of this writ petition with a direction to the 1st respondent to

W.P.C. No. 34649/09 -: 2 :-

take a final decision in the matter pursuant to Exts.P1 to P3 with

reference to judicial pronouncements on the subject expeditiously.

Till then, no coercive proceedings shall be taken against the

petitioner for recovery of contributions under the Act.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.