Jyothikumar B.S vs Kerala Headload Workers Welfare ...
2021 Latest Caselaw 781 Ker

               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

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

the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/11.1.2021

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.