M S MATHEW Vs. DISTRICT EXECUTIVE OFFICER

JUDGEMENT

(1.) PETITIONER is a dealer of petroleum products of the Hindustan Petroleum Corporation, having his outlet at Marathakara in Thrissur District. For the purpose of transportation of petroleum products, petitioner originally had two lorries bearing Reg.Nos.KL 8B 8145 and KL 8B 8100. The former vehicle was sold subsequently.

(2.) ACCORDING to the petitioner, Ext.P1 is the Final Determination Order issued by the first respondent exercising his powers under the Kerala Motor Transport Workers Welfare Fund Act and the scheme framed thereunder demanding contribution in respect of the three employees mentioned therein for the period from 1993-'94 to 1999-2000. Aggrieved by Ext.P1, the petitioner filed Ext.P2 appeal before the 2nd respondent. Along with the appeal, petitioner also produced Ext.P3, affidavit filed by the 3rd respondent, one of the employees in respect of whom, contribution was ordered to be paid. The Government heard the matter and passed Ext.P4 order exonerating the petitioner from paying contribution in respect of two employees and ordering that contribution shall be paid in respect of 3rd respondent. It is this order which is challenged by the petitioner.

(3.) SEC.4 of the Act provides for contributions to the fund and the only provision which provides for exemption from payment is the proviso which states that nothing in the section shall apply to a motor transport undertaking to which the provisions of the EPF Act apply. Petitioner has no case that the 3rd respondent or his establishment is covered by the provisions of EPF act. If that be so, he cannot absolve himself of the liability for payment of contribution under the Welfare Fund Act.