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2006 Supreme(Ker) 103

V.K.BALI, S.SIRI JAGAN
M. S. Premkumar, General Secretary – Appellant
Versus
The Transport Commissioner – Respondent


Judgment :-

Siri Jagan, J.

In all these cases, except O.P.No.29642/2002, the issue involved is the same, namely, whether circular issued by the Commissioner directing insistence of production of certificate from the Motor Transport Workers Welfare Fund Board regarding clearance of liability under the Motor Transport Workers Welfare Fund Act for effecting transfer of registration of ownership of stage carriages under the Motor Vehicles Act is unsustainable under law. Therefore all these cases are being disposed of by this common judgment.

2. Ext.P1 in O.P.No.2626 of 2003, from which W.A.No.335/2003 arises, is the impugned circular. As is clear from the said circular itself, the same was issued as per directions of a learned Single Judge of this Court in Ext.P2 order in O.P.No.29642/2002, which original petition is also one of the cases under consideration in this batch, although the issue involved therein is slightly different. In Ext.P2 order, the direction was in the following terms.

“It has come to the notice of this Court that stage carriages are transferred from one registered owner to another without the regional Transport Officer ensuring discharge of the liability to the Transp













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