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Judgment
K. Surendra Mohan, J.—The petitioner is the owner of a Power Tiller Tractor bearing registration No: KL9F 3252, which is used solely for agricultural purposes. The petitioner is aggrieved by the action of the respondents in not conducting fitness test and permitting use of the vehicle. It is because the petitioner has not paid contributions due to the Motor Workers Welfare Fund that the fitness test is not conducted. According to the counsel for the petitioner, the petitioner''s vehicle being a tractor, no contribution to the Motor Workers Welfare Fund is necessary to be paid. He places reliance on the decision of a Division Bench of this Court in Rajesh v. Joint R.T.O {2009 (2) KLT 615} as well as Ext.P4 judgment.
In view of the judgment of the Division Bench referred to above and Ext.P4, it cannot be disputed that Motor Workers Welfare Fund contribution is not due from the petitioner. Therefore, the petitioner is entitled to succeed. This writ petition is accordingly disposed of with a direction that in the event of the petitioner submitting a proper application before the third respondent for a certificate to the effect that no amount is due from him by way of contribution to the Motor Workers Welfare Fund, the same would be considered in the light of the decision of the Division Bench of this Court in 2009(2) KLT 615 (supra) and a certificate to that effect shall be issued to him provided he is entitled to be issued with such a certificate, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.