P.V.Hamza vs State Of Kerala
2021 Latest Caselaw 8330 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                        WP(C).No.6328 OF 2021(M)


PETITIONER/S:

                P.V.HAMZA,
                PRESIDENT, ALL KERALA FRUIT MERCHANTS ASSOCIATION,
                REG. NO.ER-777/2002, STATE COMMITTEE, II FLOOR,
                CHAMBER TOWER, T.B.ROAD, OTTAPALAM-679 101,
                PALAKKAD DISTRICT.

                BY ADVS.
                SRI.SANTHEEP ANKARATH
                SMT.K.BINCYMOL

RESPONDENT/S:

                STATE OF KERALA
                REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
                LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM-695 001.



                SMT. POOJA SURENDRAN - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6328 OF 2021                2



                               JUDGMENT

Dated this the 12th day of March 2021

The petitioner in this petition seeks the following prayers:-

''a) Call for the records leading to Exhibit P8 and quash Exhibit P8 by the issue of a writ of certiorari or other appropriate writ, order or direction;

b) issue a writ of mandamus or other appropriate writ, order or direction directing the respondent to issue an erratum notification including the name of the petitioner in Exhibit P5 notification and issue notice to the petitioner for participating in meetings of the Kerala Headload Workers Welfare Board.''

2. Heard both sides.

3. Learned counsel appearing for the petitioner submits

that the petitioner was a member of the Kerala Headload Workers

Welfare Board constituted under Section 14 of the Kerala Headload

Workers Act,1978 right from the year 2003 as representative of

the employer , i.e., All Kerala Fruit Merchants Association. It is

further submitted that the term of the Board lastly expired in

August 2019 and a fresh Board came to be constituted wherein the

petitioner is also continued as member. To substantiate this

contention, learned counsel appearing for the petitioner drew my

attention to the communication at Exts.P2 to P4 issued by the Chief

Executive of the Kerala Headload Workers Welfare Board. Learned

counsel for the petitioner further submitted that accordingly, the

petitioner participated in two meetings and he was also nominated

to the subcommittee of the Board. However, while issuing the

notification at Ext.P5 in terms of Section 14 of the Kerala Headload

workers Act, 1978, name of the petitioner was not included,

probably because of clerical error in the Gazette notification. It is

further submitted that accordingly the petitioner submitted a

representations at Exts.P6 and P7 for correction of clerical error in

the notification (Ext.P5) issued under Section 14 of the Kerala

Headload Workers Act. But it was erroneously rejected on the

ground that the petitioner had requested for initiation of action to

include him as representative of employer. Hence according to the

learned counsel for the petitioner, the communication Ext.P8 is

issued in wrong premises and the petitioner is entitled to be heard

in the matter of representations at Ext.P6 and P7.

4. I have considered the submissions advanced and

perused the materials placed before me.

5. There is no iota of evidence on record to infer that the

Government has appointed/nominated the petitioner as member of

Kerala Headload Workers Welfare Board. On the contrary, the

communication at Ext.P8 makes it clear that the petitioner was

neither appointed nor nominated as a member on the said Board

being representative of all Kerala Fruits Merchants Association.

6. Section 14 of the Kerala Headload Workers Act, 1978

prescribes the mode of appointment to the Kerala Headload

Workers Welfare Board. Such appointment, as per the provisions

under Section 14 of the said Act, is always by notification in the

Gazette by the State Government. There is no such gazette

notification and therefore the communications inviting the

petitioner to attend the meeting issued by the Welfare Board itself

are of no consequences. There is no case for interference in this

petition by this Court. The writ petition is accordingly dismissed.

Sd/-

                                                  A.M.BADAR
ajt                                                 JUDGE





                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE COPY OF GO(P) NO.145/2016/LBR DATED

27.08.2016 ISSUED BY LABOUR AND SKILLS (H) DEPARTMENT, GOVERNMENT OF KERALA PUBLISHED IN THE KERALA GAZETTE DATED 27.08.2016.

EXHIBIT P2 TRUE COPY OF RELEVANT EXTRACT OF THE MINUTES OF THE 506TH MEETING DATED 02.12.2019 OF THE KERALA HEADLOAD WORKERS WELFARE BOARD HELD AT ERNAKULAM BOARD OFFICE CONFERENCE HALL ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P3 TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER DATED 14.12.2019 CONCERNING 507TH MEETING ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P4 TRUE COPY OF THE DETAILS OF THE CONSTRUCTION OF SUB COMMITTEES ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P5 TRUE COPY OF NOTIFICATION GO(P) NO.141/2019/LBR DATED 24.12.2029 ISSUED BY THE LABOUR AND SKILLS (E) DEPARTMENT, GOVERNMENT OF KERALA PUBLISHED IN KERALA GAZETTE DATED 24.12.2019.

EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 02.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, LABOUR AND REHABILITATION (H) DEPARTMENT.

EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 08.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.H3/44/2021-LABOUR DATED 11.02.2021 ISSUED BY THE RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.