2025:KER:29212 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 6662 OF 2025 PETITIONERS: 1 MURALEEDHARAN M AGED 59 YEARS S/O. CHANDRAN, RATHNANIVAS, POOLAKKADAVU, MARIKKUNNU P.O., KOZHIKODE DISTRICT, PIN – 673 012. 2 M/S.PRANAVAM TRAVELS REPRESENTED BY ITS PROPRIETOR, BHASKARAN.K, AGED 64 YEARS, S/O. KRISHNAN, KILIVAYIL HOUSE, IRINGALLUR P.O., VENGARA, MALAPPURAM DISTRICT, PIN – 676 304. BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR AFNA V.P. REMYA MURALI RESPONDENTS: 1 THE EMPLOYEES PROVIDENT FUND ORGANIZATION OFFICE OF THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOZHIKODE [REPRESENTED BY ITS COMMISSIONER]., PIN – 673 006. 2 THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, CORPORATION BUILDING, 1ST FLOOR, WEST HILL (P O), KOZHIKODE, PIN – 673 005. 2025:KER:29212 WP(C) NO.6662 OF 2025 2 3 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, GROUND FLOOR, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, KERALA, PIN – 673 020. BY ADVS. DR. ABRAHAM P.MEACHINKARA - SC SRI. T. NAVEEN SRI. K.S MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29212 WP(C) NO.6662 OF 2025 3 JUDGMENT The 1st petitioner is a Stage Carriage operator and owner of a Bus bearing Registration No.KL-11BA-5533 registered under the jurisdiction of the 3rd respondent. The vehicle was purchased on 06.07.2024. The petitioners state that the said vehicle was under Employees Provident Fund coverage under the jurisdiction of the 1st respondent. When the petitioners attempted to pay contribution towards Kerala Motor Transport Workers Welfare Fund, the 2nd respondent, refused to accept the same by insisting proof of payment of contribution for the period prior 2025:KER:29212 WP(C) NO.6662 OF 2025 4 to 06.07.2024. The petitioners state that since the vehicle was under Employees Provident Fund coverage before 06.07.2024, there is no need to pay contribution towards Kerala Motor Transport Workers Welfare Fund. Accordingly, the petitioners have filed this writ petition for a direction to the 2nd respondent to accept contribution towards the Kerala Motor Transport Workers Welfare Fund in respect of the Bus bearing Registration No.KL-11B A- 5533 from 01.10.2024 onwards. 2. Heard the learned counsel for the petitioners, Dr.Abraham P.Meachinkara, the learned Standing Counsel for the 1st respondent, Sri.T.Naveen, the learned Standing Counsel for the 2nd respondent and 2025:KER:29212 WP(C) NO.6662 OF 2025 5 the learned Government Pleader for the 3rd respondent. 3. There will be a direction to the 2nd respondent to accept the Kerala Motor Transport Workers Welfare Fund contribution in respect of the Bus bearing Registration No.KL- 11B A-5533 for the period from 01.10.2024 till date. On payment of contribution, the 3rd respondent shall accept road tax for the said vehicle. The petitioners shall produce before the 2nd respondent the proof of Employees Provident Fund coverage in respect of the vehicle prior to 06.07.2024 within a period of one month so as to claim exemption from payment of contribution for the said period. In case the petitioners fail to produce sufficient 2025:KER:29212 WP(C) NO.6662 OF 2025 6 proof as above, it will be open to the 2nd respondent to proceed against the petitioners for recovery of contribution for the period prior to 06.07.2024. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:29212 WP(C) NO.6662 OF 2025 7 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF BUS NO.KL-11BA-5533 IN THE NAME OF THE 1ST PETITIONER. EXHIBIT P2 A TRUE COPY OF THE COMBINED CHALLAN ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 1ST PETITIONER EVIDENCING RECEIPT OF PAYMENT OF RS.7,681/-. EXHIBIT P3 A TRUE COPY OF THE DETAILS OF THE VEHICLES OWNED BY THE ESTABLISHMENT NAMED BY M/S.PRANAVAM TRAVELS. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 31.07.2024 MADE IN W.P.(C).NO.5627/2024. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT MADE IN W.A.NO.2448/2018 AND CONNECTED CASES ON 27.02.2024 BY THIS HON’BLE COURT. RESPONDENT EXHIBITS: NIL.