Trackon Courier Pvt. Ltd vs The District Labour Officer
2021 Latest Caselaw 16783 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                       WP(C) NO. 16192 OF 2021
PETITIONERS:

    1     M/S.TRACKON COURIER PVT. LTD.
          HAVING REGIONAL OFFICE AT BUILDING NO.35/526, KEERTHI
          NAGAR, ELAMAKKARA, KOCHI - 682 036, REP.BY ITS
          ASSISTANT GENERAL MANAGER, P.V.BIPIN, AGED 49 YEARS,
          S/O.P.VASUDEVAN, RESIDING AT 10 C- ABAD- NORTH STAR,
          VADUTHALA, COCHIN - 682 023.

    2     SANESH K., AGED 36 YEARS,
          S/O.N.RAJAN, RESIDING AT PULIYULLATHIL HOUSE,
          MUNALURE P.O., KANNUR DISTRICT - 670 622.

    3     P.P.SUNEESH, AGED 41 YEARS,
          S/O.A.RAVINDRAN, RESIDING AT 'RAVI NIVAS',
          KOTTALI ROAD, NEAR SANGAMMAM APARATMENT, PALIKKUNNU,
          KANNUR DISTRICT - 670 004.

          BY ADVS.
          K.SANEESH KUMAR
          V.B.SANTHINI


RESPONDENTS:

    1     THE DISTRICT LABOUR OFFICER,
          S P OFFICE ROAD, THAVAKKARA, KANNUR DISTRICT-670 002.

    2     ASSISTANT LABOUR OFFICER,
          CHANDROTH BUILDING, NETAJI ROAD,
          KANNUR DISTRICT - 670 001.

    3     STATE OF KERALA, REP.BY ITS CHIEF SECRETARY,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 036.

          BY ADV.SMT. SABEENA P. ISMAIL - GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16192 OF 2021
                                 -2-

                              JUDGMENT

The petitioners have approached this Court

seeking a direction to the 2nd respondent that

Exts.P2 and P3 applications - made under Rule 26A

of the Kerala Headload Workers Rules, 1981, with

respect to petitioners 2 and 3 - be directed to be

taken up and disposed of within a time frame to be

fixed by this Court.

2. The 1st petitioner is a private limited

company and petitioners 2 and 3 are stated to be

its workmen. They say that, on account of the fact

that Exts.P2 and P3 applications are kept pending,

2nd and 3rd petitioners are put to irreparable

prejudice; and therefore, pray that this Court

direct the said Authority to complete the

proceedings at the earliest.

3. In response to the afore submissions made

on behalf of the petitioners by their learned WP(C) NO. 16192 OF 2021

counsel - Sri.K.Saneesh Kumar, learned Government

Pleader - Smt.Sabeena P.Ismail, submitted that

Exts.P2 and P3 applications have been preferred by

petitioners 2 and 3 only on 12.07.2021 and

29.07.2021 respectively and therefore, that this

writ petition is premature.

4. The learned Government Pleader, however,

conceded, to a pointed question from this Court,

that if the petitioners only require the afore

applications to be considered, same can be done by

the 2nd respondent within a period of 45 days. She

added that she seeks this time because notices

will have to be issued and applicable procedure

will have to be followed.

5. I find substantial force in the

submissions of Smt.Sabeena P.Ismail and

therefore, deem it appropriate to order this writ

petition as per her suggestion. WP(C) NO. 16192 OF 2021

In the afore circumstances, this writ petition

is ordered, directing the 2nd respondent to take up

Exts.P2 and P3 applications and to dispose of

them, after following due procedure, thus

culminating in appropriate orders thereon, as

expeditiously as is possible, but not later than

45 days from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 16192 OF 2021

APPENDIX OF WP(C) 16192/2021

PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LICENSE ISSUED BY THE KANNUR MUNICIPAL CORPORATION TO THE 1ST PETITIONER FOR THE PERIOD 10.4.2021 TO 31.3.2022

EXHIBIT P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER UNDER RULE 26 A OF THE HEADLOAD WORKERS RULES DATED 12.7.2021

EXHIBIT P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER UNDER RULE 26 A OF THE HEADLOAD WORKERS RULES DATED 29.7.2021

EXHIBIT P4 A TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C) 20438/2020 DATED 30.9.2020 BY THIS HONOURABLE COURT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE