RAJESH Vs. JOINT R T O

JUDGEMENT

(1.) The connected writ petitions are referred to Division Bench by a learned Single Judge to consider the question whether workers engaged as Instructors by Driving Schools are employees for whom Welfare Fund contribution is payable by the employers under the Kerala Motor Transport Workers Welfare Fund Act, 1985 (hereinafter called 'the Act'). A Single Judge of this Court vide judgment in WP (C) No. 3855/2008 dated 11/02/2008 held that the driving school is not entitled to exemption from payment of Welfare Fund as an educational institution based on judgment of this Court in Toc'H Public School v. District Executive Officer, 1992 (1) KLT SN 49 Page 37. When the same issue came up before another Single Bench, that learned Single Judge felt that petitioner is not liable under the statute, even if the driving school cannot be treated as an educational institution. He, therefore, referred the matter for decision by a Division Bench. We have heard counsel appearing for the petitioners and Standing Counsel appearing for the Motor Transport Workers Welfare Fund Board.

(2.) Liability to pay contribution under the Act is on employers running 'motor transport undertaking' as defined under the Act. The petitioners contend that a driving school does not answer the description of 'motor transport undertaking' and so much so, they are not liable to pay contribution for Instructors engaged by them for teaching driving. The case of the Welfare Fund Board is that driving schools are commercial establishments employing Instructors and so much so, they are liable to pay contribution for their employees. The relevant definitions contained in the Act are the following: