Citation : 2021 Latest Caselaw 19127 Ker
Judgement Date : 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
WP(C) NO. 18725 OF 2021
PETITIONERS:
1 RAHIM P.P.
AGED 37 YEARS, S/O.PAREETHUPILLAI,
PERINGATTUMUKAL, VADACODE P.O.,
KANGARPADY,
ERNAKULAM - 682 021.
2 K.H.ASHARAF
AGED 47 YEARS, S/O.HAMEED,
KIZHAKE ANIKOTH HOUSE,
VADACODE P.O., KANGARPADY,
ERNAKULAM - 682 021.
BY
ADV.T.T.MUHAMOOD
ADV.V.E.ABDUL GAFOOR
ADV.A.MOHAMMED SAVAD
ADV.T.R.VISHNU
RESPONDENT/S:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF LABOUR AND SKILLS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT LABOUR OFFICER
CIVIL STATION, KAKKANAD,
ERNAKULAM - 682 030.
3 THE ASSISTANT LABOUR OFFICER
ERNAKULAM CIRCLE-II, CIVIL STATION,
W.P.(C) No.18725/21
-:2:-
KAKKANAD, ERNAKULAM - 682 030
4 THE KERALA HEAD LOAD WORKERS WELFARE BOARD
REP. BY ITS CHAIRMAN,
ERNAKULAM DISTRICT COMMITTEE,
KUMMANCHERY BUILDING, T.D.ROAD,
ERNAKULAM - 682 035.
5 KERALA HEAD LOAD WORKERS WELFARE BOARD
REP. BY ITS CHAIRMAN,
SUB OFFICE, KALAMASSERY,
PATHADIPALAM,
COCHIN - 682 033.
BY S.KRISHNAMOORTHY, SC FOR R4 & R5,
SMT. SABEENA P. ISMAIL, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18725/21
-:3:-
BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(C). No.18725 of 2021
--------------------------------
Dated this the 13th day of September, 2021
JUDGMENT
This writ petition seeks for a direction to 3 rd respondent to
consider Ext.P1 and Ext.P2 applications filed by the petitioners
under Rule 26A of the Kerala Headload Workers Rules, 1981.
2. I have heard Adv.T.T.Muhamood, learned counsel on
behalf of petitioners, Adv.Sabeena P. Ismail, learned Government
Pleader on behalf of respondents 1 to 3 as well as Adv.S.Krishna
Moorthy, learned Standing Counsel for respondents 4 and 5.
3. On a perusal of Ext.P1 and Ext.P2, it is seen that there
is an endorsement on the said documents as having been
received by the Assistant Labour Officer on 26.7.2021. Since the
said applications have been pending consideration for the last
more than 45 days, I deem it fit to direct the 3 rd respondent to
consider and pass appropriate orders on the said applications.
4. Accordingly, there will be a direction to the 3 rd
respondent to consider and pass appropriate orders on Ext.P1 W.P.(C) No.18725/21
and Ext.P2 applications filed by the petitioners under Rule 26A of
the Kerala Headload Workers Rules, 1981 within a period of one
month from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/
BECHU KURIAN THOMAS JUDGE vps W.P.(C) No.18725/21
APPENDIX OF WP(C) 18725/2021
PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF APPLICATION FOR REGISTRATION SUBMITTED BY THE 1ST PETITIONER IN FORM-9 UNDER RULE 26 A OF THE KERALA HEAD LOAD WORKERS RULE 1981 ON 19/07/2021.
EXHIBIT P2 TRUE COPY OF APPLICATION FOR REGISTRATION SUBMITTED BY THE 2ND PETITIONER IN FORM-9 UNDER RULE 26A OF THE KERALA HEAD LOAD WORKERS RULE 1981 ON 19/07/2021.
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