Thursday vs For Information Purpose Only
2021 Latest Caselaw 9073 Ker

WP(C) 6453/2021                                1/2



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            Present:
                     THE HONOURABLE MR. JUSTICE A.M.BADAR

                   Thursday,the 18th day of March 2021/27th Phalguna, 1942
                                   WP(C) No.6453/2021(F)
PETITIONER
           For information purpose only
       CAP SEA FOODS PRIVATE LIMITED
       REGD. OFF. 1/71-VYPEEN ISLAND, KOCHI - 682510,
       REP. BY GENERAL MANAGER.

RESPONDENTS
1. STATE OF KERALA
     REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
     THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT EXECUTIVE OFFICER
     MOTOR TRANSPORT WORKERS WELFARE FUND BOARD,
     S.R.M. ROAD, ERNAKULAM, COCHIN - 18.

3. REGIONAL TRANSPORT OFFICER
     2ND FLOOR, CIVIL STATION, KAKKANAD, VAZHAKKALA,
     KOCHI, KERALA - 682030.

4. SUB REGIONAL TRANSPORT OFFICER
     REPUBLIC ROAD, NORTH PARAVOOR, KERALA, PIN - 683 513.

5. THE EMPLOYEES PROVIDENT FUND ORGANIZATION
     REPRESENTED BY ITS ADDL. CENTRAL PROVIDENT FUND
     COMMISSIONER, BHAVISHYANIDHI BHAWAN, P. B. NO.1016,
     PATTOM, THIRUVANANTHAPURAM, PIN - 695 004.

   Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed
along with the WP(C) the High Court be pleased to direct the 3rd and 4th respondent to
provisionally accept road tax of the vehicle covered by Ext.P1 pending consideration of the
writ petition.
 WP(C) 6453/2021                                    2/2




   This petition coming on for admission upon perusing the petition and the affidavit filed in
support of WP(C) and upon hearing the arguments of M/S LAL K.JOSEPH, SHRI.CHACKO
MATHEWS K., SHRI.SURESH SUKUMAR, T.A.LUXY, P.MURALEEDHARAN
           For information purpose only
(THURAVOOR), Advocates for the petitioner,GOVERNMENT PLEADER for the
respondents 1,3 & 4, and of STANDING COUNSEL for the respondent 5, the court passed
the following:
                                            ORDER

Heard the learned counsel for the petitioner. He placed reliance on the judgment of this Court dated 22.01.2020 in WP(C)No.29672 of 2019 (Amity Rock Products (Private) Ltd., v. The Joint Regional Transport Officer) and submits that the petitioner establishment is covered by Employees Provident Fund Act and the respondents cannot insist for payment of contribution under Kerala Motor Transport Workers Welfare Fund Act, 1985. Issue notice before admission to the respondents. Learned Government Pleader takes notice for respondent Nos.1,3 and 4. Learned Standing Counsel takes notice for the 5th respondent and seeks time. Notice to the 2nd respondent is made returnable after eight weeks. In the meanwhile, respondents are directed to provisionally accept road tax of the vehicle covered by Ext.P1 till disposal of the petition.

18-03-2021 Sd/-

A.M.BADAR,JUDGE

/true copy/ Sd/-

ASSISTANT REGISTRAR

EXHIBIT P1 - TRUE COPY OF LIST OF VEHICLES OWNED BY THE PETITIONER.