ROYSON JOSEPH v. REGIONAL TRANSPORT OFFICER
Case at a glance
Outcome
Disposed of
Writ Petition is disposed of as above
Provisions considered
Judgment
SRI.PRAVEEN HARIHARAN RESPONDENT(S): -------------------------
REGIONAL TRANSPORT OFFICER, CIVIL STATION, ERNAKULAM AT KAKKANADU, PIN-682 030.
JOINT REGIONAL TRANSPORT OFFICER , ALUVA, PIN-683 101.
PROVIDENT FUND COMMISSIONER OFFICE OF THE EMPLOYEES PROVIDENT FUND ORGANIZATION, KALOOR, KOCHI-682 017.
DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, SRM ROAD, ERNAKULAM NORTH, KOCHI-682 018. BY SENIOR GOVERNMENT PLEADER SMT.P.A.REZIYA BY ADV. SRI.P.RAMAKRISHNAN, SC, KMTWWF BOARD BY ADV. SRI.A.RAJASIMHAN,SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MJL WP(C).No. 21519 of 2012 (L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF CERTIFICATE DATED 04.03.2008 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE EFFECT THAT THE EMPLOYEES MENTIONED THEREIN ARE WORKING UNDER M/S. ROYAL TOURS AND TRAVELS WHICH IS A COVERED ESTABLISHMENT UNDER THE PROVISIONS OF THE EMPLOYEES PROVIDENT SCHEME. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 11.03.2008 IN WPC NO.8189/2008 PASSED BY THIS HON'BLE COURT. : EXT.P2(a) EXT.P3 EXT.P4 EXT.P5 : : : : TRUE COPY OF THE JUDGMENT MADE IN WPC NO.28536/2010, DATED 15.09.2010.
TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-43A-6911. TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07AZ-4894. TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07U-4993. EXT.P6 : TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-29B-516. EXT.P7 EXT.P8 EXT.P9 EXT.P10 EXT.P11 EXT.P12 MJL : : : : : : TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07BC-2777. TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-41A-5802. TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07AN-9083. TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07BF-6699. TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07BF-936. TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07BF-961. WP(C).No. 21519 of 2012 (L) EXT.P13 EXT.P14 : : TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07BF-940.
TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-07Q-2680. EXT.P14(a) VEHICLE NO.KL-07AT- 5599. TRUE COPY OF THE PERMIT RELATING TO : EXT.P15 EXT.P16 : : TRUE COPY OF THE COMMUNICATION DATED 08.09.2012 SENT BY THE PETITIONER TO THE 3RD RESPONDENT FURNISHING THE DETAILS OF OUTGOING AND INCOMING VEHICLES. TRUE COPY OF THE ELECTRONIC CHALAN DATED 08.09.2012 ISSUED FROM THE 3RD RESPONDENT'S OFFICE. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P A TO JUDGE MJL ANTONY DOMINIC,J ---------------------------------- W.P.(C)No.21519 of 2012 ------------------------------------- Dated this the 17th day of September, 2012 JUDGMENT In this writ petition, the grievance of the petitioner is regarding the alleged refusal of the authorities to accept tax in respect of the vehicles covered by Exts.P3 to P7. According to the petitioner, his establishment is covered by the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and that therefore, the authorities under the Motor Vehicles Taxation Act cannot insist that he should produce a clearance certificate from the Welfare Fund Authorities for accepting the tax due.
2. Admittedly, an establishment covered under the EPF Act, is excluded from the purview of the Welfare Fund Act. If that be so, once if the petitioner produce documents evidencing discharge of liability under the EPF Act, the first respondent is bound to accept tax in respect of the vehicles in question.
Operative part
3. In such circumstances, I dispose of this writ petition directing that if the petitioner produces evidence proving payment of EPF dues in respect of the vehicles covered by W.P.(C).No.21519/2012 : 2 : Ext.P3 to P7, without insisting on a clearance certificate issued by the fourth respondent, tax due shall be accepted by the first respondent. Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ Petition is disposed of as above
Which statutory provisions did this judgment involve?
Employees Provident Fund and Miscellaneous Provisions Act, 1952; Motor Vehicles Taxation Act; Welfare Fund Act.
Which court decided this case, and when?
Kerala High Court, on 15 Sep 2010. The bench was ANTONY DOMINIC.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.