SREEKUMAR P G Vs. EXECUTIVE OFFICER OFFICE OF THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD

JUDGEMENT

(1.) THE petitioner is the proprietor of a motor transport undertaking. According to the petitioner, all the employees in the undertaking are covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. THErefore, by virtue of Section 4 of the Kerala Motor Transport Workers Welfare Fund Act, the petitioner is exempted from paying contributions under that Act in respect of the workers covered under the Employees' Provident Funds and Miscellaneous Provisions Act. THE petitioner wants to pay motor vehicle tax in respect of the vehicles belonging to the petitioner. But for accepting motor vehicle tax, the petitioner has to produce certificate issued by the respondent to the effect that the petitioner's establishment is exempted under Section 4 of the Kerala Motor Transport Workers Welfare Fund Act. Although the petitioner has filed Ext.P4 application, such a certificate is not being issued to the petitioner by the respondent, is the contention raised.

(2.) I have heard the learned Standing Counsel for the respondent also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondent to consider and pass orders on Ext.P4 before 31.3.2012. The petitioner shall appear before the respondent tomorrow and the matter would be considered and orders passed.