M/S. Logiware Supply Chain ... vs The Assistant Labour Officer
2021 Latest Caselaw 7463 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       WP(C).No.4618 OF 2021(B)


PETITIONER:

               M/S. LOGIWARE SUPPLY CHAIN SOLUTIONS,
               REPRESENTED BY ITS PARTNER, SMT.SHEELA FRANCIS,
               AGED 61 YEARS, W/O. (LATE) FRANCIS JOSEPH, XX/626,
               PANDIYAM, THADIYITTAPARAMBU, SOUTH VAZHAKULAM,
               ERNAKULAM DISTRICT-683105.

               BY ADVS.
               SRI.ELVIN PETER P.J.
               SRI.K.R.GANESH
               SMT.KAIMAL PRIYA PADMANABHA
               SMT.GOURI BALAGOPAL

RESPONDENTS:

      1        THE ASSISTANT LABOUR OFFICER,
               MINI CIVIL STATION, PERUMBAVOOR, ERNAKULAM-683542.

      2        THE CHAIRMAN,
               KERALA HEADLOAD WORKERS WELFARE FUND BOARD,
               ATHTHIKUZHIYIL BUILDING NO.8/234, CHURCH ROAD,
               PUTHAN KURISHU P.O., ERNAKULAM-682308.


OTHER PRESENT:

               SMT POOJA SURENDRAN, GOVT. PLEADER
               SRI.S. KRISHNAMOORTHY, SC, KHWWFB

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.4618/2021               2


                             JUDGMENT

Dated this the 3rd day of March 2021

Heard all parties.

2. The limited grievance of the petitioner in this writ petition

is regarding decision on the applications at Exts.P1 to P14

submitted by its workers for registration as headload workers.

3. Learned counsel for the petitioner submits that the

1st respondent is the statutory registering authority conferred with

the powers to consider the applications submitted by the headload

workers for granting registration under the Kerala Headload

Workers' Rules and as such, the said authority is bound to decide

such applications keeping in mind the urgency of the matter.

According to the learned counsel, the applications at Exts.P1 to

P14 are not being considered by the 1st respondent.

4. Learned Government Pleader submits that all affected

parties were noticed and heard on 26.02.2021. It is further

argued by the learned Government Pleader that the

2nd respondent-Board was represented by some officer and the

Board has communicated that till the Board meeting is held, final

decision on those applications should not be taken.

Requirement of Rule 26A of the Kerala Headload Workers'

Rules is grant of opportunity of hearing by inviting objections, if

any. The 1st respondent cannot wait for Board meeting of the

Kerala Headload Workers' Welfare Fund Board for deciding the

applications at Exts.P1 to P14. As the learned Government

Pleader has stated that hearing is already concluded on

26.02.2021, the 1st respondent is directed to decide the

applications at Exts.P1 to P14 within a period of one week from

today.

With the above direction, this writ petition stands disposed

of. Learned Government Pleader to communicate this judgment

to the 1st respondent.

Sd/-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. AJOY MURA ON 04/12/2020.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. ARBIN DHANUAR ON 04/12/2020.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. MRINAL BARUAH ON 04/12/2020.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. NITU BORUAH ON 04/12/2020.

EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. BISHAL GOWALA ON 02/02/2021.

EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. INDIRA GAR ON 02/02/2021.

EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. JHNDA KUMAR ON 02/02/2021.

EXHIBIT P8 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. LADDU KUMAR ON 02/02/2021.

EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. RUKESH GARH ON 02/02/2021.

EXHIBIT P10 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. SANJOY KERKOTA ON 02/02/2021.

EXHIBIT P11 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. SHRAWAN KUMAR ON 02/02/2021.

EXHIBIT P12 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. SOILESH BAGH ON 02/02/2021.

EXHIBIT P13 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. SUNIL GARH ON 02/02/2021.

EXHIBIT P14 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY MR. VIKAS SAH ON 02/02/2021.

EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 13/08/2015 IN WPC NO.23602/2015 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp