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2016 Supreme(Online)(KER) 26089

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
ALIYAR – Appellant
Versus
MS CHALLENGE TRANSPORTS INDIA PVT LTD – Respondent


JUDGMENT

The petitioners in W.P.(C) Nos.32432 of 2015, 32467 of 2015 and 32478 of 2015 are aggrieved with the fact that after purchase of vehicles from one M/s.Challenge Transports India Pvt. Ltd.; the 3rd respondent in all the above writ petitions, the contribution under the Kerala Motor Transport Workers' Welfare Fund Act, 1985 [for brevity “Welfare Fund Act of 1985] relating to the vehicles, is not being accepted by the 2nd respondent. In that circumstances, they are unable to satisfy the tax dues and ply the vehicles on road.

2. The petitioners in each of the above-mentioned three writ petitions had purchased vehicles from the 3rd respondent and the respective writ petitions are concerned with vehicles having registration Nos.KL-17-F-7978, KL-17-F-7176 and KL-17-F-7165. The said vehicles are included in the WP(C) No.32432 of 2015 &

connected cases certificates issued by the 2nd respondent himself, as produced at Exhibit P2 in all the above three writ petitions. Hence, the 2nd respondent confirms that these vehicles were covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for brevity “EPF Act”) when they were owned and possessed by the previous owne

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