SULFIKER M. Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) In all these Writ Petitions, the petitioners claim that their establishments are covered by the provisions of Employees Provident Fund Act . When they want to remit the Motor Vehicle Tax, the Regional Transport Officer concerned insisted that they should get a No Objection Certificate from the Transport Workers Welfare Fund Board. Aggrieved, they have filed the Writ Petitions.

(2.) Heard the learned counsel for the petitioners, the learned Government Pleader, the learned Standing Counsel for the Employees Provident Fund Organisation, and the learned Standing Counsel for the Kerala Motor Transport Workers Welfare Fund.

(3.) Statutorily speaking, Section 4 of the Kerala Motor Transport Workers Welfare Fund Act, 1985 exempts any establishment covered by the Employees Provident Fund and Miscellaneous Provisions Act , 1952, from the obligation of contributing to the fund. And it reads as follows: