QUILON DISTRICT PETROLEUM DEALERS Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition is filed seeking a declaration that the petroleum dealers owning tanker lorries for the purpose of lifting petroleum products from the installations of the petroleum companies to the retail outlets are not transporting undertakings for the purpose of the Kerala Motor Transport Workers' Welfare Fund Act, 1985 or the Welfare Fund Scheme there under and are not, therefore, liable to pay any contribution under the said Act and the Scheme. A writ of mandamus compelling the respondents to desist from insisting on payment of such contribution as a pre-condition for receiving quarterly tax under the Kerala Motor Vehicles Taxation Act, 1976 is also sought for.

(2.) Heard Adv. Sri. B. Suresh Kumar on behalf of the petitioners and Sri. John Joseph Vettikkad on behalf of the first respondent State of Kerala.

(3.) The Kerala Motor Transport Workers' Welfare Fund Act, 1985 (hereinafter referred to as the "Welfare Fund Act") was made to provide for the constitution of a Fund to promote the welfare of the motor transport workers in the State of Kerala. It envisages, among other things, the framing of a Scheme called "the Kerala Motor Transport Workers' Welfare Fund Scheme" for the establishment of a Fund for employees and for the administration of the said Fund.