K.A. Siddique vs State Of Kerala
2021 Latest Caselaw 17926 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                        WP(C) NO. 17527 OF 2021
PETITIONER :

          K.A. SIDDIQUE,
          AGED 41 YEARS,
          SON OF ABDURAHIMAN,
          KIZHAKKE ANJILIKKATHU HOUSE,
          VADAKODE P.O, ERNAKULAM,
          PIN-682 021.

          BY ADVS.
          P.E.SAJAL
          S.KABEER


RESPONDENTS :

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF LABOUR AND SKILLS,
          SECRETARIAT, TRIVANDRUM - 695 001.

    2     KERALA HEADLOAD WORKERS WELFARE BOARD,
          REPRESENTED BY ITS CHAIRMAN,
          ERNAKULAM DISTRICT COMMITTEE,
          KUMMANCHERRY BUILDING, T.D. ROAD,
          ERNAKULAM - 682 035.

    3     THE CHIEF EXECUTIVE OFFICER,
          KERALA HEADLOAD WORKERS WELFARE BOARD,
          S.R.M. ROAD, ERNAKULAM,
          KOCHI - 682 018.

    4     KERALA HEADLOAD WORKERS WELFARE BOARD,
          REPRESENTED BY ITS CHAIRMAN,
          SUB OFFICE, KALAMASSERY,
          PATHADIPALAM,
          COCHIN - 682 033

          BY GOVT.PLEADER ADV.SABEENA P.ISMAIL
          BY STANDING COUNSEL ADV.S.KRISHNAMOORTHY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17527 OF 2021
                                   2



                             JUDGMENT

Petitioner is a registered headload worker under Pool No.4

of the 4th respondent. Ext.P1 is the identity card issued to the

petitioner under Rule 26A. When a vacancy arose in Pool No.4,

petitioner applied for the grant of the card under clause 6A of the

Kerala Headload Workers (Regulation of Employment and Welfare)

Scheme 1983 (for short 'the scheme'). Petitioner's application for

grant of clause 6A card is pending before the 2nd respondent.

2. In a meeting dated 27.07.2021, petitioner's application

was recommended by the 4th respondent for the grant of registration

under clause 6 of the scheme. It is the grievance of the petitioner

that in spite of having registration under Rule 26A and and the

recommendations as per Ext.P2, the 2 nd respondent has not taken any

decision on the application (Ext.P3) of the petitioner for registration

under clause 6A of the scheme and issue card thereunder.

3. I have heard the learned counsel for the petitioner, the

learned Government Pleader and the learned Standing Counsel for the

2nd and 3rd respondents.

4. The application for registration and grant of card under

clause 6A of the scheme ought to be considered without insisting on WP(C) NO. 17527 OF 2021

recommendation from any quarters. The 2nd respondent cannot delay

considering the application of the petitioner.

Accordingly this writ petition is disposed of directing the 2 nd

respondent to consider and pass appropriate orders on Ext.P3

application, within a period of four weeks from the date of receipt of a

copy of this judgment.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 17527 OF 2021

APPENDIX OF WP(C) 17527/2021

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE 26A IDENTITY CARD ISSUED TO THE PETITIONER BY THE LABOUR DEPARTMENT.

EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE MEETING OF THE 4TH RESPONDENT COMMITTEE OF THE BOARD HELD ON 27.07.2021.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 18.8.2021.

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN W.P.C NO.

31086/2018 DATED 25.09.2018.