A vehicle transfer after a specified date determines liability for welfare fund contributions under the relevant act.

JUDGMENT

The petitioner has approached this court being aggrieved by the fact that certain demands are being raised on the petitioner for contribution towards Motor Transport Workers Welfare Fund for a period prior to 25.02.2013 though the petitioner was the owner of the vehicle only for the period from 25.02.2013 to 27.05.2013. It is submitted that the petitioner has received a show cause notice demanding contribution for the period from 4/2011 to 5/2013 and the petitioner is not liable for payment of the welfare fund for the period when he was not the owner. Therefore, the petitioner has filed this writ petition seeking the following reliefs:-

“i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the first respondent to accept welfare fund contribution for the period on which petitioner was in ownership of the vehicle KL09 AA

0002, that is for the period from 25.2.2013 to 27.5.2013;

ii) issue a writ of mandamus or such other writ, order direction directing the first respondent to consider Ext.P3 request and pass orders within a time frame.

iii) Dispense with the production of translation of vernacular documents;

iv) to issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case.”

2. The learned counsel appearing for the petitioner would submit that Ext.P3 is pending consideration and he will be satisfied with an order to consider Ext.P3 within a time limit.

3. The learned counsel appearing for the Kerala Motor Transport Workers Welfare Fund Board (1^st respondent) would submit that Ext.P2 show cause notice was issued to the petitioner also taking into account the law laid down by this Court in Ummar v. Joint Regional Transport Officer, Thalassery and others , 2014 (4) KHC 303 where this court has taken the view that, where a vehicle is transferred after 07.06.2005, the liability to pay dues to the Motor Transport Workers Welfare fund is with the transferee on account of the amendments to the provisions contained in Section 10 of the Kerala Motor Transport Workers Welfare Fund Act, 1985 . It is submitted that, Ext.P2 is only a show cause notice and it is for the petitioner to reply Ext.P2 and a suitable decision can be taken after considering the contentions taken by the petitioner.

4. Having heard the learned counsel for the petitioner and the learned counsel appearing for the 1^st respondent, I am of the view that since Ext.P2 is only a show cause notice, it is for the petitioner to show cause before the competent authority as to why he should not be made liable to pay the welfare fund contribution demanded in Ext.P2.

Accordingly, this writ petition will stand disposed of directing the 1^st respondent to consider Ext.P3 as an objection filed by the petitioner to Ext.P2 show cause notice and adjudicate the question as to whether the petitioner is liable to pay any amount as contribution to the Kerala Motor Transport Workers Welfare Fund in respect of the period prior to the date on which the vehicle was transferred in the name of the petitioner. It is made clear that for the period during which the petitioner was the owner, he is liable to pay the contribution. The 1^st respondent shall take a decision as directed above, after affording an opportunity of hearing to the petitioner, within a period of one month from the date of receipt of a certified copy of this judgment.