Brijesh John vs District Labour Officer
2021 Latest Caselaw 4359 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.2943 OF 2021(P)


PETITIONERS:

      1        BRIJESH JOHN
               AGED 39 YEARS
               S/O. JOHNROSE, ANUGRAHA, NEAR LMSHS SHCOOL,
               JUBILINAGAR, VATTAPPARA, THIRUVANANTHAPURAM-695028.

      2        PRAVEEN LAL V.
               AGED 37 YEARS
               S/O. VELAPPAN K., LAL COTTAGE, MULLASSERI,
               KARAKULAM P.O., THIRUVANANTHAPURAM-695564.

      3        RAJEEV P.
               AGED 38 YEARS
               S/O. PUSHPANGATHAN N., RAJEEV BHAVAN, CHITTALAMKODE,
               KALLAYAM P.O., THIRUVANANTHAPURAM-695043.

      4        REJI DAS J.P.
               AGED 29 YEARS
               S/O. NJANADAS, JOSE BHAVAN, NALLOORKONAM,
               CHEMBAPZHANTHY P.O., THIRUVANANTHAPURAM-695587.

      5        SHINTO GRANITES AND TILES,
               KP/536B, VATTAPPARA, THIRUVANANTHAPURAM-695503,
               REPRESENTED BY ITS PROPRIETOR BAIJULAL T.

               BY ADVS.
               SRI.SANTHOSH MATHEW
               SRI.ARUN THOMAS
               SRI.JENNIS STEPHEN
               SRI.VIJAY V. PAUL
               SMT.KARTHIKA MARIA
               SRI.ANIL SEBASTIAN PULICKEL
               SMT.DIVYA SARA GEORGE

RESPONDENTS:

      1        DISTRICT LABOUR OFFICER,
               DISTRICT LABOUR OFFICE, THOZHIL BHAVAN,
               THIRUVANANTHAPURAM-695036.
 W.P.(C) No.2943/2021           2

      2      ASSISTANT LABOUR OFFICER,
             REVENUE TOWER, NEDUMANGAD P.O.,
             THIRUVANANTHAPURAM-695541.

      3      KERALA HEADLOAD WORKERS WELFARE BOARD,
             NEDUMANGAD UNIT, NEDUMANGAD SUB OFFICE,
             THIRUVANANTHAPURAM-695541.


OTHER PRESENT:

             SMT.THUSHARA JAMES, GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.2943/2021               3


                             JUDGMENT

Dated this the 5th day of February 2021

Heard learned counsel for the petitioners. What is impugned

in the instant writ petition is the order at Ext.P6 rejecting the

application for registration of headload workers preferred by

petitioner Nos.1 to 4. The statutory appeals as against this order

are still pending.

In this view of the matter, this is not a fit case to exercise

the writ jurisdiction of this Court. The petitioners are at liberty to

pursue the Appellate Authority to dispose of the appeals within a

time frame prescribed by the statute.

This writ petition is disposed of as above.

Sd/-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR REGISTRATION AS A HEADLOAD WORKER BY PETITIONER NO.1 DATED 28/07/2020.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR REGISTRATION AS A HEADLOAD WORKER BY PETITIONER NO.2 DATED 20/02/2020.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR REGISTRATION AS A HEADLOAD WORKER BY PETITIONER NO.3 DATED 20/02/2020.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR REGISTRATION AS A HEADLOAD WORKER BY PETITIONER NO.4 DATED 20/02/2020.

EXHIBIT P5 TRUE COPY OF THE OBJECTION LETTER FROM KERALA HEADLOAD WORKERS WELFARE BOARD DATED 25/11/2020 AND ENGLISH TRANSLATION.

EXHIBIT P6 TRUE COPY OF COMMON ORDER NUMBER 36/2020/NDD BY THE ASSISTANT LABOUR OFFICER DATED 28/12/2020.

EXHIBIT P7 TRUE COPY OF STATUTORY APPEAL FILED BEFORE DISTRICT LABOUR OFFICER AGAINST THE ORDER OF ASSISTANT LABOUR OFFICER BY PETITIONER NO.1 DATED 28/01/2021.

EXHIBIT P8 TRUE COPY OF STATUTORY APPEAL FILED BEFORE DISTRICT LABOUR OFFICER AGAINST THE ORDER OF ASSISTANT LABOUR OFFICER BY PETITIONER NO.2 DATED 28/01/2021.

EXHIBIT P9 TRUE COPY OF STATUTORY APPEAL FILED BEFORE DISTRICT LABOUR OFFICER AGAINST THE ORDER OF ASSISTANT LABOUR OFFICER BY PETITIONER NO.3 DATED 28/01/2021.

EXHIBIT P10 TRUE COPY OF STATUTORY APPEAL FILED BEFORE DISTRICT LABOUR OFFICER AGAINST THE ORDER OF ASSISTANT LABOUR OFFICER BY PETITIONER NO.4 DATED 28/01/2021. RESPONDENTS' EXHIBITS: NIL.

True Copy P.S to Judge smp