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1989 Supreme(Ker) 115

BALAKRISHNA MENON
Unni Mammu Haji – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. This batch of writ appeals and writ petitions is by the owners of the motor transport undertakings in the State of Kerala. They challenge the validity of S.4 of the Kerala Motor Transport Workers Welfare Fund Act, 1985 (the Act for short) and the scheme issued by the Government under S.3 of the Act. A learned Single Judge of this Court has upheld the validity of S.4 and the scheme as per the common judgment in a batch of writ petitions. The writ appeals are against the judgment of the learned Single judge reported in 1987 Lab, I.C. 796. The learned judge has repelled the contention that the relevant provisions of the Act, especially S.4, are violative of Art.14 of the Constitution. The contention that the Act authorises excessive delegation of power to the Government is also negatived. The Act, according to the learned judge, gets the protection of Art.31-C of the Constitution and for that reason is immune from attack as violative of Art.14 and 19 of the Constitution.

2. A general conspectus of the Act and the Scheme is given in the judgment under appeal, and it is unnecessary to repeat the same in this judgment. The act replaced Ordinance 38 of 1985 that had come int




































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