C.K.Shoukathaly v. The District Executive Officer, Kerala Motor Transport Workers Welfare Fund Board, Thrissur
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 13085 of 2015 (I) ---------------------------- PETITIONER :
--------------------- C.K.SHOUKATHALY S/O. KUNJIMUHAMMED, CHIRAPARAMBIL HOUSE P.O. KIZHUPPILLIKKARA, THRISSUR.
BY ADV. SRI.P.DEEPAK RESPONDENT(S) :
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1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKER'S WELFARE FUND BOARD, THRISSUR - 680 002.
2. A. GARYDAS, LOLAMOLD MOTORS, MAYYANAD, KOLLAM -691 104.
3. EMPLOYEES PROVIDENT FUND ORGANISATION, REPRESENTED BY ASSISTANT P.F COMMISSIONER (COMPLIANCE) BHAVISHYA NIDHI BHAVAN, KALOOR, KOCHI -17.
4. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKER'S WELFARE FUND BOARD KOLLAM - 691 001.
R1 & R4 BY SRI.D.SAJEEV BABU, SC R3 BY SENIOR ADVOCATE DR.S.GOPAKUMARAN NAIR BY ADV. SRI.A.RAJASIMHAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 13085 of 2015 (I) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT-P1TRUE COPY OF THE REGULAR PERMIT VALID TILL 05/09/2015. EXHIBIT-P2TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL/02 U 9594. EXHIBIT-P3TRUE COPY OF THE CERTIFICATE DATED 13/11/2007 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT-P4TRUE COPY OF THE REPRESENTATION DATED 01/03/2015 ADDRESSED TO THE IST RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
A.V. RAMAKRISHNA PILLAI, J.
-------------------------------------------------- -------------------------------------------------- Dated this the 27th day of May, 2015
J U D G M E N T
Aggrieved by the refusal of the 1st respondent to countenance Ext.P4 and the insistence that the petitioner should either remit the welfare fund contribution for the anterior period or to obtain a clearance certificate, the petitioner has come up before this Court.
2.
The petitioner holds Ext.P1 permit to operate between Bharatha-Ayyanthole, which was originally issued to stage carriage bearing Reg. No.KL-08/T 3817. Later, the said stage carriage was replaced with another one bearing Reg.No.KL-02/U 9594 with effect from 05.11.2013; and the said vehicle was plying on the route covered by Ext.P1 permit. The petitioner points out that the 2nd respondent was the prior owner of the substituted vehicle and it was covered by the Employees Provident Fund Act. Therefore, according to the petitioner, he is
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bound to make contribution only from the date of transfer in his name, i.e., 05.11.2013. It is with this background, the petitioner has submitted Ext.P4 representation. 2.
I have heard the learned counsel for the petitioner.
3.
When the matter was taken up, the learned counsel for the petitioner confined his argument to the limited prayer for a direction to the 1st respondent to consider and dispose of Ext.P4 representation within a time frame. Therefore, this petition can be disposed of without issuing notice to the respondents.
Considering the nature of the submission, this writ petition is disposed of directing the 1st respondent to consider Ext.P4 representation after affording the petitioner an opportunity of being heard and to pass appropriate orders taking into account the fact that as previous to the transfer of the vehicle in the name of the petitioner, the said vehicle was covered by the fund, the petitioner is liable to pay contribution only with effect
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from 05.11.2013. Formal orders to this effect shall be passed within a period of one month from the date of receipt of a copy of this judgment.
To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition before the 1st respondent at the earliest.
Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-