The petitioner claims the benefit of Ext.P3 judgment insofar as the coverage under the Kerala Motor Transport Workers Welfare Fund Act is concerned. Petitioner claims to be a self employed person who is driving his own vehicle and having crossed the age of 60. The contention is that he is not liable to satisfy any liability under the Act. Ext.P3 is a judgment in a batch of writ petitions wherein the liability of a self employed person who has crossed the age of 60 years to be covered under the Act, was negatived. This was on the premise that on completion of 60 years, a person would become superannuated and he/she could not be enrolled under the Act as per the Act and the Scheme. In fact, the said declaration would only indicate that a person who had crossed the age of 60 cannot validly seek enrollment and claim welfare fund. Necessarily, that does not interdict a person above the age of 60, who has a valid licence, from being employed as or driving a vehicle for hire. 2. In the present case, it is to be noticed that the petitioner was a party in the earlier judgment also, as is revealed from Ext.P3. The contention of the petitioner is that at that point of time, he had another vehicle which he sold prior to the acquisition of the present vehicle, which is the subject matter of the above writ petition. The learned Standing Counsel appearing for the respondent Board however alertly points out that Ext.P2 licence produced along with the writ petition is valid only upto 16.7.2012. The contention urged on behalf of the Welfare Fund Board is that if the petitioner does not have a valid licence, then he could not claim to be self employed as a driver in his own vehicle. In such circumstances, necessarily the petitioner would have to employ another at least from 16.7.2012. In view of the said controversy as also the fact that the petitioner had filed the earlier writ petition with respect to another vehicle, the issue would have to be considered by the concerned authority under the Kerala Welfare Fund Board. The petitioner shall produce a certified copy of this judgment before the concerned Officer, within a period of two weeks from today and the concerned Officer, after conducting an enquiry as also confirming the number of vehicles owned by the petitioner, and the validity of the licence of the petitioner, pass orders in accordance with law as provided under the enactment. Same shall be done within a period of one month from the date of production of the certified copy of this judgment along with a copy of the writ petition. The interim order directing receipt of tax provisionally shall be valid only till orders are passed by the authority under the Kerala Motor Transport Workers Welfare Fund Act and thereafter, such order shall determine the issue.
Writ petition disposed of.
Sd/-
K.VINOD CHANDRAN, Judge Mrcs //True Copy//