High Court of KeralaWP(C)/33054/2009allowed

Swathanthra Autorickshaw Thozhilali v. State Of Kerala

2015-02-093 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 WP(C).No. 33054 of 2009 (B) ---------------------------- PETITIONER(S):

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1. SWATHANTHRA AUTORICKSHAW THOZHILALI UNION (SATU) AFFILIATED TO H.M.S/35/2007, E.P SMARAKA MANDIRAM, YOGASALA ROAD, KANNUR, REP. BY ITS DISTRICT SECRETARY, N.LAKSHMANAN, S/O.KANNAN.

2. T.SELVARAJ, S/O.THANKASWAMI, AGED 57 YEARS, RESIDING AT KURUVATHU VEEDU, EDACHOVVA, CHOVVA P.O., KANNUR.

BY ADV. SRI.C.K.SREEJITH RESPONDENT(S):

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1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM.

2. CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, KOLLAM.

3. THE REGIONAL TRANSPORT OFFICER, KANNUR.

4. SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION (H) DEPARTMENT, TRIVANDRUM.

5. THE COMMISSIONER, MOTOR TRANSPORT, TRIVANDRUM.

R1, R3 TO R5 BY GOVT. PLEADER SRI.MANOJ KURIYACHAN R2 BY SRI.P.RAMAKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33054 of 2009 (B) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1:

TRUE COPY OF THE G.O.(RT)2852/08 DATED 21ST NOVEMBER 2008. EXT.P2:

TRUE COPY OF AUTORICKSHAW WORKERS WELFARE FUND SCHEME 1991.

EXT.P3:

TRUE COPY OF THE REPRESENTATION SUBMITTED TO 4TH RESPONDENT ON 26.6.2009.

EXT.P4:

TRUE COPY OF THE LETTER ISSUED TO THE 2ND RESPONDENT DATED 17.6.2009.

EXT.P5:

TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER ON A PETITION UNDER RIGHT TO INFORMATION AT STATING THAT THE AMENDED SCHEME WAS CAME INTO FORCE WITH EFFECT FROM JUNE 2005. RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 33054 of 2009 - - - - - - - - - - - - - - - - Dated 9th February, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The issue raised in the writ petition is with respect to the coverage of persons who have completed 60 years of age. The said issue is already answered in T.A.Aleemul Islam Trust v. State of Kerala (2009 (4) KLT 225). Hence, the writ petition is allowed, respectfully following the aforesaid judgment.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy// P.A. To Judge