IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 14150 OF 2022
PETITIONER/S:
A.SALIM
HUDA HOUSE, CHAKKUVALLI, PORUVAZHI, SOORANADU P.O,
KOLLAM, PIN - 690520.
BY ADV E.S.MOOSA
RESPONDENT/S:
1 LABOUR COMMISSIONER OF KERALA
VIKAS BHAVAN, BRIGRADIER ROAD, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
2 DISTRICT LABOUR OFFICER,
CIVIL STATION P.O, COLLECTORATE, KOLLAM, PIN - 691013.
3 ASSISTANT LABOUR OFFICER,
SHASTHAMKOTTA P.O, PIN - 690521.
4 K.K. DANIEL,
CITU SOORANADU AREA SECRETARY, KALLEEKKAL PUTHENVEEDU,
SOORANADU P.O, PIN - 690522.
OTHER PRESENT:
SR GP SRI V K SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14150 OF 2022
2
JUDGMENT
Petitioner is running a wholesale provision dealer at Chakkuvalli carrying the work under the name and style of Huda Traders. Petitioner is an assessee under the Goods and Service Tax Act 2017 and also Income Tax Act within the role of GST and PAN number. It is already registered under the Kerala Shops and Commercial Establishment Act, 1960 as per the registration certificate, Ext.P1 and all the workers are registered person under the same Act. There is no trade union for loading and unloading and the goods were unloaded by the head load workers of the petitioner's business premises. In other words, it is not a scheme area. Application Ext.P3 has been submitted for registration but no action has been taken.
2. Learned counsel for the petitioner submitted that the petitioner would be satisfied in case the writ petition is disposed of with a direction to the respondent to take a call on the application Ext.P3.
3. Learned counsel for the respondents submitted that the authority would not be averse in taking a call on the application, in WP(C) NO. 14150 OF 2022 3 accordance with law.
Without expressing any opinion on the merits of the matter, I dispose of the writ petition with a direction to the 2 nd respondent to take a call on the representation Ext.P3 and decide the same in accordance with law, within a period of two months from the date of receipt of a certified copy of this judgment.
SD/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 14150 OF 2022
4
APPENDIX OF WP(C) 14150/2022
PETITIONER EXHIBITS
Exhibit P1 PHOTOCOPY OF ORIGINAL REGISTRATION
CERTIFICATE UNDER SHOPS AND COMMERCIAL ESTABLISHMENT ACT.
Exhibit P2 PHOTOCOPY OF THE DETAILS OF REGISTERED WORKERS UNDER SHOPS AND COMMERCIAL ESTABLISHMENT ACT.
Exhibit P3 PHOTOCOPY OF PETITION FILED BEFORE THE 2ND RESPONDENT.
Exhibit P4 PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE HEAD LOAD WORKERS BY THE DISTRICT EXECUTIVE OFFICER, SHOPS AND COMMERCIAL ESTABLISHMENT ACT.
Exhibit P5 PHOTOCOPY OF THE APPLICATION FOR REGISTRATION UNDER THE HEAD LOAD WORKERS ACT.
Exhibit P6 PHOTOCOPY OF THE APPLICATION FILED BY THE HEAD LOAD WORKERS FOR THE REGISTRATION UNDER HEAD LOAD WORKERS ACT.