Kerala High Court
Kochumon K.Mathew vs District Executive Officer on 16 January, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938
WP(C).No. 34202 of 2016 (A)
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PETITIONER(S):
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KOCHUMON K.MATHEW,
AGED 38 YEARS, S/O.MATHEW JOSEPH,
KUTHATHAYIL HOUSE, PANCODE.P.O.,
ASRAMAPADI, [VIA] MUVATTUPUZHA,
ERNAKULAM DISTRICT.
BY ADVS.SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.A.ANJANA
SMT.K.S.SMITHA
SMT.T.T.SHANIBA
RESPONDENT(S):
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1. DISTRICT EXECUTIVE OFFICER,
KERALA MOTOR TRANSPORT WORKERS WELFARE FUND,
SRM ROAD, ERNAKULAM.682 018.
2. ASSISTANT PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANIZATION,
REGIONAL OFFICE, KOZHIKODE.673 001.
3. REGIONAL TRANSPORT OFFICER,
MUVATTUPUZHA-686 673.
4. M/S. KAPPAT CHINNU ROADWAYS,
KAPPAT HOUSE, PADINJATTUMMURI,
KOOTTILANGADI, MALAPPURAM DISTRICT-676 506.
R1 BY SRI.P.RAMAKRISHNAN, SC
R2 BY ADVS. SRI.THOMAS MATHEW NELLIMOOTTIL, SC
SRI.JOY THATTIL ITOOP, SC
R3 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26-10-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 34202 of 2016 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF
VEHICLE NO.KL-11T-5289 AFTER EFFECTING TRANSFER OF
OWNERSHIP IN THE NAME OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE COMBINED CHALLAN DATED 16.01.2014
RELATING TO THE 4TH RESPONDENT'S ESTABLISHMENT.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 20.01.2014
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT MADE IN WP[C]
NO.20740/2015 PASSED BY THE HIGH COURT OF KERALA ON
04.08.2015.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.34202 of 2016
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Dated this the 26th day of October, 2016
J U D G M E N T
The petitioner is the owner of bus bearing Registration No.KL-11T-5289. He purchased the vehicle on 13.01.2014 from the 4th respondent. The 4th respondent is an establishment covered under the EPF Act. It appears that the 4th respondent had contributed under EPF Scheme for 11 employees. Therefore, according to the petitioner he is liable to pay welfare fund under the Kerala Motor Transport Workers Welfare Fund only from the date of purchase and he is not liable to pay contribution for the period for which the employees were covered by EPF Scheme. Petitioner refers to Ext.P2 as well. This Court is of the view that if the petitioner produces sufficient proof before the 1st respondent as to the payment effected under the EPF Scheme, certainly petitioner shall be permitted to pay the contribution from the date of purchase from the 4th respondent. Needless to say, if the petitioner has proof of the amount paid under the EPF Scheme, petitioner shall not be insisted to pay contribution under the Kerala W.P.C.No.34202/16 2 Motor Transport Workers Welfare Fund prior to date of his purchase. Appropriate decision in this regard shall be taken, on production of proof, within a period of two weeks.
Sd/-
(A.MUHAMED MUSTAQUE, JUDGE) TRUE COPY P.A TO JUDGE DG