Bindu V.B vs District Labour Officer
2021 Latest Caselaw 18354 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                     WP(C) NO. 18177 OF 2021
PETITIONER :



          BINDU V.B.,
          AGED 47 YEARS, W/O.SASINDRAN THALIKKARA,THALEKKARA
          HOUSE, ARUVAI DESOM, PAZHANJI P.O.,
          THRISSUR DISTRICT - 680 542, (PROPRIETRIX BALAJI
          BRICKS AND TILES KADAVALLUR POST, KALLUPURAM,
          KOTHOLIKKUNNU, THRISSUR - 680 543


          BY ADV K.BALACHANDRAN (PN)



RESPONDENTS :


       1. DISTRICT LABOUR OFFICER,
          THRISSUR DISTRICT


       2. THE ASSISTANT LABOUR OFFICER,
          KUNNAMKULAM, THRISSUR


       3. KERALA HEADLOAD WORKERS WELFARE BOARD,
          P.B.NO.2017, SRM ROAD, ERNAKULAM,
          KOCHI   -682 018, REPRESENTED BY ITS CHAIRMAN


          R1 & R2 BY ADV.SABEENA P.ISMAIL, GOVT.PLEADER
          R3 BY ADV.KRISHNAMOORTHY, SC


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18177 OF 2021
                                       2


                        BECHU KURIAN THOMAS, J.
                      =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        W.P.(C).No.18177 of 2021
                      =-=-=-=-=-=-=-=-=-=-=-=-=-=
                 Dated this the 7th day of September, 2021


                                 JUDGMENT

Petitioner claims to be a woman entrepreneur and is the

proprietrix of M/s.Balaji Bricks and Tiles. The unit of the petitioner was

started under the Micro, Small and Medium Enterprises Development Act,

2006. Petitioner has obtained all licenses for carrying out its operations.

2. The works of loading and unloading in the establishment are

generally carried on by the petitioner and her immediate family. However,

according to the petitioner, whenever the need arose, she used to engage

the services of three casual workers even for loading and unloading works.

Those workers had submitted applications on 04.07.2021 for registration

under Rule 26A of the Headload Workers Rules. Exts.P6, P7 and P8 are the

applications so filed. The copies produced before this Court shows that the

applications have been received by the Assistant Labour Officer as is

evident from the endorsement on the said documents. Since the

applications have been pending for the last almost two months, petitioner

seeks for a direction for an early disposal of the said applications.

3. I have heard Adv.Balachandran K. the learned counsel for

the petitioner as well as Adv.Sabeena P.Ismail, the learned Government

Pleader and also Adv.Krishna Moorthy, the learned Standing Counsel for WP(C) NO. 18177 OF 2021

the 3rd respondent.

4. An application under R.26A of the Headload Workers Rules,

1981 is bound to be disposed of in a time bound manner. Registration as a

headload worker confers benefits and rights upon the registered worker.

The attempt to obtain registration by a headload worker cannot be scuttled

by delaying consideration of the application.

5. On an appreciation of the facts and circumstances arising in

the case, I deem it fit to dispose of the writ petition by directing the 2 nd

respondent to consider and pass appropriate orders on Exts.P6, P7 and P8

after hearing all the parties, in a time bound manner.

Accordingly, there will be a direction to the 2 nd respondent to

dispose of Exts.P6, P7 and P8 within a period of one month from the date

of receipt of a copy of this judgment after affording an opportunity of being

heard to the applicants and others.

The writ petition is allowed as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 18177 OF 2021

APPENDIX

PETITIONER'S EXHIBITS :

P1 : COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY OF MSME DATED 01.07.2021.

P2 : COPY OF ACKNOWLEDGEMENT CERTIFICATE ISSUED BY THE DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA P3 : COPY OF THE CERTIFICATE DATED 17.04.2021 ISSUED BY THE POLLUTION CONTROL BOARD.

P4 : COPY OF THE LICENSE CERTIFICATE DATED 21.06.2021 ISSUED BY THE KADAVALLOOR GRAMA PANCHAYATH. P5 : COPY OF CERTIFICATE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS P6 : COPY OF THE APPLICATION DATED 04.07.2021. P7 : COPY OF THE APPLICATION DATED 04.07.2021. P8 : COPY OF THE APPLICATION DATED 07.07.2021 P9 : COPY OF THE INTERIM ORDER DATED 27.07.2021 IN W.P.(C)NO.13976 OF 2021.

P10 : COPY OF THE JUDGMENT IN THE WRIT PETITION DATED 09.07.2021 IN W.P.(C) NO.13659/2021.

P11 :     COPY OF THE ORDER DATED 05.08.2021.
P12 :     COPY OF THE REPRESENTATION DATED 09.08.2021.