Raju George vs The Distrit Labour Officer
2021 Latest Caselaw 15209 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE A.M.BADAR
       TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                          WP(C) NO. 14408 OF 2021
PETITIONER:

              RAJU GEORGE, AGED 55 YEARS
              PRIYA BHAVAN, CHEMMANTHOOR, KOLLAM DISTRICT, PIN-691305

              ARUN SIVANKUTTY, AGED 28 YEARS, S/O. SIVANKUTTY,
              MOORTHIKAVU, PUNALUR P.O., KOLLAM DISTRICT, PIN-691305

              MOHD ARKKAN, AGED 29 YEARS, S/O. ASQUE ALI, CHOUDERPUR,
              THANE DISTRICT, AMERA AMROHA, UTTERPRADESH, PIN-244102.

              MAYA, AGED 36 YEARS, W/O. JAYACHANDRAN, BUNGLAVE
              MURUPPEL HOUSE, EDAMON P.O., KOLLAM, PIN-691307

              BY ADVS.
              JOBI.A.THAMPI
              S.R.REMYA
              SHOUKATH HUSAIN



RESPONDENT:

              1.THE DISTRIT LABOUR OFFICER, KOLLAMM (APPELLATE
              AUTHORITY AS NOTIFIED UNDER THE HEAD LOAD WORKERS ACT)
              CIVIL STATION, KOLLAM-691013

              2.THE ASSISTANT LABOUR OFFICER, PUNALUR, (REGISTERING
              AUTHORITY) PUNALUR, KOLLAM DISTRICT, CIVIL STATION,
              PUNALUR, PIN-691305

              3.THE CHAIRMAN, KERALA HEADLOAD WORKERS' WELFARE FUND
              BOARD, KOLLAM, DISTIRCT OFFICE, USHAS BUILDING,
              ANDAMUKKAM, KOLLAM-691001

              JOJU.M.JONEY, AGED 45 YEARS, S/O.JONEY, PARTNER,
              M/S.KOCHIN TRADING COMPANY, PUNALUR P.O., KOLLAM
              DISTRICT, PIN-691305




THIS   WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14408 OF 2021
                                     2

                               JUDGMENT

The learned Government Pleader takes notice for respondents 1

and 2. Learned standing counsel takes notice for the 3 rd respondent. It

is not necessary to issue notice to the 4 th respondent, who happens to be

employer of the petitioner, keeping in mind the controversy involved in

the instant petition.

2. Heard the learned counsel for the petitioner. He argued that

petitioners are Headload workers with the 4th respondent and they have

submitted an application for registration as such under Rule 26A of the

Kerala Headload Workers Rule, 1981 before the 2 nd respondent which

was ultimately rejected. The petitioner preferred statutory appeal

challenging the order of rejection and those appeals are pending for

consideration of the 1st respondent. The grievance of the petitioners is to

the effect that there is undue delay in disposal of the appeal.

3. The learned Government Pleader opposed the petition, but

submits that the appeal can be directed to be decided if those are still

pending.

4. It is reported that appeals filed by the petitioners challenging

the order rejecting their application for registration as headload workers WP(C) NO. 14408 OF 2021

are pending before the 1st respondent. Unless and until petitioners get

registration as headload worker, they are unable to earn their livelihood,

as such, because for working as headload worker, registration is

mandatory. It is statutory duty of the 1st respondent to dispose of such

appeals expeditiously and therefore, the following order.

The petition is allowed with a direction to the 1 st respondent to

decide the appeals at Ext.P4 collectively filed by the petitioners, if they

are not already decided within a period of one month from today as per

the provisions of rules by granting opportunity of hearing to all the

concerned. The learned Government Pleader to communicate this order

to the concerned respondents for compliance.

Nsd                                                sd/-


                                               A.M.BADAR
                                                  JUDGE
 WP(C) NO. 14408 OF 2021


                      APPENDIX OF WP(C) 14408/2021

PETITIONER EXHIBITS

EXHIBIT P1             TRUE COPY OF THE LINENSE/CERTIFICATE DATED

14.01.2021 ISSUED UNDER THE GOODS ADN SERVICE TAX (GST/ IN FAVOUR OF THE 4TH RESPONDENT ESTABLISHMENT)

EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 04.11.2020 ISSUED BY THE PUNALUR MUNICIPALITY TO THE 4TH RESPONDENT AND ITS ENGLISH TRANSLATION

EXHIBIT P2(a) TRUE COPY OF THE LICENCE DATED 08/02/2021 ISSUED TO THE 4TH RESPONDENT UNDER THE SHOPS AND COMMERCIAL ESTABLISHMENTS ACT AND ITS ENGLISH TRANSLATION

EXHIBIT P3 TRUE COPY OF THE ORDER NO.11/2021 DATED 17.03.2021 PASSED BY THE 2ND RESPONDENT AND ITS ENGLISH TRANSLATION

EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 19.04.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT AND ITS ENGLISH TRANSLATION

EXHIBIT P4(a) TRUE COPY OF THE APPEAL DATED 19.04.2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT AND ITS ENGLISH TRANSLATION

EXHIBIT P4(C) TRUE COPY OF THE APPEAL DATED 19.04.2021 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT AND ITS ENGLISH TRANSLATION