IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11733 of 2008(V)
1. P.GOPINATHA PILLAI AGED 61, S/O.LATE
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY SECRETARY
... Respondent
2. THE REGIONAL TRANSPORT OFFICER, CIVIL
3. KERALA MOTOR TRANSPORT WORKERS WELFARE
For Petitioner :SRI.L.P.ARAVINDAKSHAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :31/05/2010
O R D E R
P.R. RAMACHANDRA MENON J.
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W.P. (C) No. 11733 of 2010
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Dated, this the 31st day of May, 2010
JUDGMENT
The issue involved in this Writ Petition is, whether there is any
rationale on the part of the 2nd respondent in insisting the petitioner for
production of ‘NOC’ from the 3rd respondent as to the clearance of
contribution towards the Motors Transport Workers’ Welfare Fund, so
as to accept the tax due in respect of the vehicle bearing No. KER 506.
The petitioner who has crossed the age of 60 years, owns the vehicle
and operates the same as a measure of self employment, by virtue of
the licence and badge obtained in this regard.
2. The eligibility to the Scheme is restricted to the persons up to
the age of 60 years. As it stands so, the petitioner cannot aspire to
have membership to the Scheme and no benefit can be extended to
such persons who are aged above 60, under the Scheme. As a natural
consequence, no contribution can be demanded from them. The issue
in this regard stands settled by virtue of the decision reported in T. A.
Aleemul Islam Trust Vs. State of Kerala (2009 (4) KLT 225).
3. Heard the learned Government Pleader appearing for the
respondents 1 and 2 and the learned Standing counsel appearing for
the 3rd respondent as well, who do not dispute the factual and legal
position as above.
W.P. (C) No. 11733 of 2008
: 2 :
4. In the above circumstances, the second respondent is directed
to accept the tax in respect of the vehicle bearing No. KER 506 himself
as long as the petitioner continues to be the owner of the said vehicle
and operates the same by virtue of the licence and permit obtained in
this regard without insisting for any ‘NOC’ from the third respondent. It
is made clear that, if there is any liability due from him in respect of the
vehicle in question, till the petitioner completed the age of 60 years, the
petitioner shall produce necessary clearance certificate from the 3rd
respondent in respect of such period.
The Writ Petition is disposed of as above.
P. R. RAMACHANDRA MENON, JUDGE
kmd