IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20447 of 2008(H)
1. THE PRINCIPAL, TRKHS SCHOOL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE TRANSPORT COMMISSIONER,
3. THE JOINT REGIONAL TRANSPORT OFFICER,
4. KERALA MOTOR TRANSPORT WORKERS WELFARE
For Petitioner :SRI.G.BALAMURALEEDHARAN (PARAVUR)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :08/07/2008
O R D E R
K.M.JOSEPH, J.
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WP.(C) No.20447 of 2008
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Dated this the 8th day of July, 2008
JUDGMENT
The issue raised in this writ petition is whether in respect of an
educational institution bus, demand can be made for contribution under the
Motor Transport Workers’ Welfare Fund Act.
2. I heard learned Government Pleader and learned counsel for
the fourth respondent also. Learned counsel for the fourth respondent
submits that a Division Bench of this court has dismissed the appeal filed by
the Board and taken the view that an educational institution is not a motor
transport undertaking. He also points out that the petitioner has not
produced the registration certificates to show that the vehicles are
educational institution buses.
The writ petition is allowed as follows:
It is declared that the educational institution buses are not
coming under the Motor Transport Workers Welfare Fund Act. There will
be a direction to the third respondent to receive the motor vehicle tax in
respect of the school vehicles of the petitioner without insisting for evidence
regarding payment of contribution to the Welfare Fund on condition that the
petitioner produces the registration certificates to show that the buses are
educational institution buses.
(K.M. JOSEPH, JUDGE)
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