The case of the petitioner in the writ petition is that she is not liable to pay the the welfare fund dues, in respect of the vehicle owned by her, in view of the fact that she does not employ any workers and that the vehicles are operated by persons who are not employed as workers but are rather owners themselves. The writ petition was filed in the wake of the demand made by the Motor Vehicles Taxation Authorities, who demanded proof of payment of welfare fund dues as a condition for the acceptance of tax from the petitioner.
The issue as to whether persons operating the vehicles, as owners of the vehicle, would also be liable to make contribution to the Motor Transport Workers Welfare Fund, has already been considered by a Division Bench of this Court in the decision reported in Ernakulam District Bus Operator's Organization v. State of Kerala (2012 (1) KLT 885) wherein it was found that even such persons are required to effect the payment of dues to the fund. In view of the above, and following the judgment of the Division Bench , the writ petition is dismissed.
mns A.K.JAYASANKARAN NAMBIAR JUDGE