LAWS(KER)-2008-8-38

HYMAVATHI K V Vs. SPECIAL DEPUTY TAHSILDAR

Decided On August 05, 2008
HYMAVATHI, K.V. Appellant
V/S
SPECIAL DEPUTY TAHSILDAR Respondents

JUDGEMENT

(1.) This Writ Appeal is directed against the order passed by the learned Single Judge in W.P.(C) No. 17043/2005 dated 7.3.2006. By the impugned order, the learned Single Judge has rejected the writ petition and thereby has confirmed the demand notices issued by the respondent, inter alia demanding the petitioner to make contributions towards the Kerala Motor Transport Workers Welfare Fund Act, 1985.

(2.) The only issue which falls for our consideration and decision is, whether the establishment which is covered under the provisions of the Employees Provident Fund Act is exigible for levy and payment of contributions under the provisions of the Kerala Motor Transport Workers Welfare Fund Act; 1985

(3.) The factual matrix of the case is simple. The petitioner s establishment is covered under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. This factual position is not in dispute, since petitioner has produced the relevant certificates and the notification issued by the Central Government under the provisions of Employees Provident Fund Act. The respondents have now quantified the contribution payable by the petitioner under the provisions of the Kerala Motor Transport Workers Welfare Fund Act and have issued the demand notices. This was questioned by the petitioner unsuccessfully before the learned Single Judge. That is how the present appeal.