IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31652 of 2007(R)
1. S.MOHAMMED BASHA, PROPRIETOR,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER,
... Respondent
2. THE ASSISTANT PROVIDENT FUND
3. KERALA MOTOR TRANSPORT WORKERS WELFARE
For Petitioner :SRI.K.V.GOPINATHAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/10/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 31652 OF 2007 R
=====================
Dated this the 26th day of October, 2007
J U D G M E N T
Petitioner seeks a declaration that the 1st respondent is not
entitled to insist that the petitioner shall produce any clearance
certificate or proof regarding remittance of contribution of the
dues to the 3rd respondent. Since the establishment of the
petitioner is covered under the provisions of the Employees
Provident Fund and Miscellaneous Provisions Act, 1952, this court
has already accepted such a contention in several cases and
Ext.P4 is one of the judgments, where it has been held that the
petitioner therein is entitled to exemption by virtue of the proviso
to Section 4(1) of the Kerala Motor Transport Workers Welfare
Fund Act. In this case, as is evident from Exts. P1 to P3,
establishment of the petitioner is covered by the provisions of the
Employees Provident Fund and Miscellaneous Provisions Act,
1952, and that contributions have been paid up to date.
In view of the position as above, I dispose of this writ
WPC 31652/07
: 2 :
petition directing the 1st respondent to permit the petitioner to
remit Motor Vehicles Tax in respect of the vehicles owned and
possessed by him, on production of proof that the petitioner has
paid its dues to the 2nd respondent.
ANTONY DOMINIC, JUDGE.
Rp