PADMANABHAN Vs. R T A KANNUR

JUDGEMENT

(1.) Second petitioner who is the registered owner of a stage carriage bearing Registration No. KRC. 6264 decided to transfer the permit and vehicle in favour of the first petitioner. Petitioners 1 and submitted a joint application for transfer of the vehicle and permit. Respondents demanded the petitioners to produce a No objection Certificate from the District Labour Officer. This is challenged in this writ petition.

(2.) Learned counsel for the petitioners submitted that the demand of the respondents to produce a No Objection Certificate from the District Labour Officer for effecting the transfer is illegal and without jurisdiction as there is no provision under the Kerala Motor Vehicles Act or Rules which would enable the respondents to insist upon the production of such a certificate. Learned Government Pleader submitted that such a direction was issued with a view to find out whether any amount is due as wages and other emoluments to the employees of the transferor and though there is no particular provision under the Act or Rules to do so it was done only in the best interest of the workers. Even if that be so, there is no justification to insist upon a No Objection Certificate from the District Labour Officer as the Act or Rules do not envisage such a thing.

(3.) S.50 provides for transfer of ownership. In a case where the ownership of any motor vehicle registered is transferred the transferor has to report the fact of transfer with necessary documents to the registering authority within whose jurisdiction the transfer is to be effected. He shall simultaneously send a copy of the report to the transferee. In the case of vehicle registered within the same State, fact of transfer must be reported within 14 days of transfer. In the case of a vehicle registered outside the State, 45 days' time is there for report and the transferor shall also forward to the registering authority a No Objection Certificate obtained under S.48. Act or Rules do not provide that no objection certificate will have to be obtained from the District Labour Officer. Production of No Objection Certificate mentioned in S.48 has nothing to do with the one insisted upon by the respondents.