M. Shihabudheen vs The District Labour Officer
2021 Latest Caselaw 22913 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 21507 OF 2021
PETITIONER/S:

     1     M. SHIHABUDHEEN
           AGED 56 YEARS
           S/O.MOITHEENKUNJU, ROADARIKATHU VEEDU, MANKOTTUKONAM,
           THOLICODE P.O., VITHURA, THIRUVANANTHAPURAM DISTRICT
     2     BASHEER
           AGED 36 YEARS
           S/O.AHAMMAD KANNU, B.S.MANZIL, IRAPPIL, THOLICODE P.O.,
           THIRUVANANTHAPURAM DISTRICT
           BY ADV LATHEESH SEBASTIAN


RESPONDENT/S:

     1     THE DISTRICT LABOUR OFFICER
           DISTRICT LABOUR OFFICE, THIRUVANANTHAPURAM 695 001
     2     ASSISTANT LABOUR OFFICER
           NEDUMANGAD, THIRUVANANTHAPURAM 695 541
     3     KERALA HEAD LOAD WORKERS WELFARE FUND BOARD
           DISTRICT OFFICE, THIRUVANANTHAPURAM 695 001
     4     KERALA HEAD LOAD WORKERS WELFARE BOARD LOCAL COMMITTEE
           DISTRICT OFFICE, THIRUVANANTHAPURAM 695 001, REP.BY ITS
           CONVENOR
     5     NAZRUDHEEN
           AGED 67 YEARS
           S/O.ALIYARUKUNJU, MANKOOTTATHIL VEEDU, THOLICODE P.O.,
           THIRUVANANTHAPURAM 695 541
     6     ABDUL HAMEED
           AGED 64 YEARS
           S/O.ABOOBACKER, ANZAR MANZIL, 18TH STONE, THOLICODE P.O.,
           THIRUVANANTHAPURAM 695 541
     7     SHAMSUDHEEN
           AGED 65 YEARS
           S/O.ASSANARU PILLA, ABDULLA MANZIL, THOLICODE P.O.,
           THIRUVANANTHAPURAM 695 541

     8     ABDUL WAHID
           BUSHARA MANZIL, THEVANPARA, THOLICODE P.O.,
 WP(C) NO. 21507 OF 2021
                                  2

           THIRUVANANTHAPURAM 695 541
     9     SHAMSUDHEEN
           AGED 68 YEARS
           SHAFEEK MANZIL, THEVANPARA, THOLICODE P.O.,
           THIRUVANANTHAPURAM 695 541
           BY ADVS.
           THOMAS ABRAHAM
           R.B.RAJESH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21507 OF 2021
                                          3

                       BECHU KURIAN THOMAS, J.
                 ===============================
                           W.P.(C)No.21507 of 2021
                 -----------------------------------------------------
                     Dated this the 23rd day of November, 2021

                                    JUDGMENT

Petitioners are headload workers under the 4 th respondent.

They allege that persons above the age of 60, who are statutorily

not entitled for benefits under the Headload Workers Act and

Rules, are continuing as headload workers. Those persons have

been arrayed as respondents 5 to 9 in this writ petition.

2. The grievance of the petitioners has been raised before

the 2nd respondent in the form of a complaint on 8.7.2021, a copy

of which is produced as Ext.P6. On 11.8.2021 also, another

complaint was submitted, a copy of which is produced as Ext.P3.

According to the petitioners, in spite of these two complaints, no

action has been initiated and respondents 5 to 9 continue to

function as headload workers, contrary to the Act and Rules.

3. The learned Government Pleader on instructions

submits that, on the basis of the complaints filed by the

petitioners, the 2nd respondent has submitted a report to the

District Labour Officer, and is it under the consideration of the 1st WP(C) NO. 21507 OF 2021

respondent.

4. Having regard to the aforesaid submissions, I am of the

opinion that the writ petition can be disposed of with a direction to

the 1st respondent to consider and pass appropriate orders on

Exts.P2 and P6 complaint preferred by the petitioner in a time

bound manner. 5. Accordingly, the 1st respondent is directed to

consider and pass appropriate orders on Exts.P2 and P6

representations, based upon the report of the 2nd respondent also,

within a period of two months from the date of receipt of a copy of

this judgment, after affording an opportunity of hearing to the

petitioners as well as respondents 5 to 9.

The writ petition is disposed of accordingly.

Sd/-

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 21507 OF 2021

APPENDIX OF WP(C) 21507/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.41059/2017 DATED 20.12.2017 Exhibit P2 TRUE COPY OF THE REPRESENTATION OF THE 1ST PETITIONER DATED 25.4.2018 Exhibit P3 TRUE COPY OF THE REPRESENTATION OF THE 1ST PETITIONER DATED 11.8.2021 Exhibit P4 TRUE COPY OF THE INFORMATION SOUGH BY THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT DATED 11.8.2021 Exhibit P5 TRUE COPY OF THE QUESTIONNAIRE AND REPLY UNDER THE RIGHT TO INFORMATION ACT ISSUED BY THE INFORMATION OFFICER OF THE 2ND RESPONDENT ON 25.8.2021 Exhibit P6 TRUE COPY OF THE REPRESENTATION OF THE 1ST PETITIONER DATED 8.7.2021