IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.490 OF 2021
PETITIONER:
JYOTHIKUMAR B.S.
AGED 65 YEARS
S/O BHASKARAN NAIR,
RESIDING AT SARENGA, ARASUMMOODU, KULATHOR P O,
THIRUVANANTHAPURAM, PROPRIETOR, VENAD SURGICALS, CITY
PLAZA, NEAR MEDICAL COLLEGE, HOSPITAL, MEDICAL
COLLEGE P O, THIRUVANANTHAPURAM-695011.
BY ADVS.
SRI.P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 KERALA HEADLOAD WORKERS WELFARE FUND BOARD
THIRUVANANTHAPURAM DISTRICT COMMITTEE, KAUSTHUBHAM
COMPLEX, CHENTHITTA, THIRUVANANTHAPURAM-695036,
REPRESENTED BY ITS CHAIRMAN.
2 THE CHAIRMAN
KERALA HEADLOAD WORKERS WELFARE FUND BOARD,
THIRUVANANTHAPURAM DISTRICT COMMITTEE, KAUSTHUBHAM
COMPLEX, CHENTHITTA, THIRUVANANTHAPURAM-695036.
SRI. THOMAS ABRAHAM -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.490 OF 2021 2
JUDGMENT
The petitioner has approached this Court with a rather uncommon prayer, that the 1st respondent be directed to cancel the registration granted to him under Paragraph 7 of the Kerala Headload Workers (Regulation of Employment Welfare) Scheme, 1983.
2. Shri.P.Ramakrishnan, learned counsel appearing for the petitioner, submits that his client has been constrained to approach this Court in the afore manner, since he has not been obtaining necessary assistance from the persons deployed by the 1st respondent - Board particularly because the articles dealt with by his client are surgical equipments. He says that his client has, therefore, preferred Ext.P3 representation before the 2nd respondent; and alternatively prays that the same be directed to be taken up and disposed of at the earliest.
3. In response, the learned Standing WP(C).No.490 OF 2021 3 Counsel for the Kerala Headload Workers Welfare Fund Board - Shri.Thomas Abraham, submits that there is no provision in the Scheme for cancellation of a registration once given. He, however, submitted that there is no legal impediment in Ext.P3 representation of the petitioner being considered by the competent Authority, so that his grievances can be allayed, especially that the persons being deployed to his business are not suitable and competent.
Taking note of the afore submissions and without entering into the dialectical contentions of the parties on its merits, I order this writ petition and direct the 2nd respondent to take up Ext.P3 representation of the petitioner and dispose of the same, after affording an opportunity of being heard to him - either physically or through video conferencing - thus leading to appropriate proceedings thereon, as expeditiously as is possible, but not later than two weeks from WP(C).No.490 OF 2021 4 the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/11.1.2021 WP(C).No.490 OF 2021 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 31.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, MEDICAL COLLEGE. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 2/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 27/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.