CHIEF EXECUTIVE OFFICER Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THE question arising in these connected writ appeals and the referred Writ Petitions is whether educational institutions are liable to pay contribution under the Kerala Motor Transport workers' Welfare Fund Act,1985 (hereinafter called 'the Act') for the employees engaged in the vehicles operated by them for transport of students and staff. In fact, adjudication orders determining welfare fund liability of educational institutions are not issued in the case of any of the petitioners before us. However, petitioners approached this Court for a direction to the Registering Authority to receive the motor vehicle tax for the educational institution vehicles without requirement of remittance of motor workers welfare fund contribution in terms of S. 8a of the Act. The Single Judge of this Court allowed the prayer by following an earlier decision of this Court on the same point in the case of an educational institution, reported in Toc'h Public School v. District Executive Officer (1992 (1) KLT SN 37 (C. No. 49) ).

(2.) WE have heard counsel appearing for the educational institutions and the Government pleader.

(3.) WE notice that the first decision rendered by this Court referred above was based on a clarification issued by the Government in favour of an educational institution and without considering the statutory provisions. In the judgment under appeal, the learned Single Judge had followed the earlier judgment and here again, relevant provisions are not considered. We have to therefore consider the case with reference to the statutory provisions. The relevant clauses defining 'employee', 'employer' and 'motor transport undertaking' under Ss. 2 (d), (e)and (h) of the Act are as follows:-