Kerala High Court
Kerala Headload Workers Welfare ... vs Jose Abraham on 1 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 1st day of February 2022 / 12th Magha, 1943
WA NO. 162 OF 2022
AGAINST JUDGMENT DATED 29.10.2021 IN WP(C) 3190/2021 OF THIS COURT.
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APPELLANT/4TH RESPONDENT:
KERALA HEADLOAD WORKERS WELFARE BOARD,PATHANAMTHITTA - 689 645.
REPRESENTED BY ITS DISTRICT OFFICER.
BY STANDING COUNSEL SRI.SIJU KAMALASANAN
RESPONDENTS/WRIT PETITIONER & RESPONDENTS 1 TO 3:
1. JOSE ABRAHAM,S/O.E.P.ABRAHAM,PROPRIETOR,AISWARYA
CERAMICS,MALLAPPALLY ROAD, VENNIKULAM, PURAMATTOM,PATHANAMTHITTA
DISTRICT - 689 544.
2. STATE OF KERALA,REPRESENTED BY THE SECRETARY,DEPARTMENT OF
LABOUR,THIRUVANANTHAPURAM -695 001.
3. DISTRICT LABOUR OFFICER, LABOUR OFFICE, KOLLAM - 691 003.
4. ASSISTANT LABOUR OFFICER, LABOUR OFFICE, MALLAPPALLY - 689 585.
BY SENIOR GOVERNMENT PLEADER FOR R2 TO R4.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of judgment dated 29.10.2021 in W.P.(C) No.3190/2021
pending disposal of this Writ Appeal.
This Writ Appeal coming on for admission on 01/02/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P3:TRUE COPY OF THE ORDER DATED 12.3.2020 PASSED
BY THE 3RD RESPONDENT WITH ITS TRUE ENGLISH TRANSLATION.
EXT.P4:TRUE COPY OF THE ORDER DATED 16.11.2020 PASSED
BY THE 2ND RESPONDENT WITH ITS TRUE ENGLISH TRANSLATION.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
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W.A No.162 of 2022
[arising out of the judgment dated 29.10.2021 in W.P(C) No.3190/2021]
=========================================
Dated this the 01st day of February, 2022
ORDER
Admit Writ Appeal. Issue notice to R1 in the W.A by speed post,
returnable within two weeks. Notices for official respondents 2 to 4 have
been taken by the learned Senior Government Pleader.
2. It is urged by Sri.K.Siju Kamalasanan, learned Standing
Counsel for the Kerala State Headload Workers' Welfare Board appearing
for the appellant/R4 in the W.P(C) that it is the admitted case of the writ
petitioner-employer that the employees sponsored by him for registration
are his permanent salesmen working in his establishment and that in
view of this admission, those personnel will not satisfy the definition of
'Headload Worker', in view of the dictum laid in para No.21 of the
decision of the Full Bench of this Court in Raghavan v.
Superintendent of Police [1998 (2) KLT 732 (FB)]. Hence, it is urged
by the appellant that the directions given by the learned Singled Judge as
per the impugned judgment to quash the impugned Exts.P3 & P4 orders
and consequential directions issued for registering the personnel
sponsored by the employer, is not legally tenable and sustainable, etc.
W.A No.162 of 2022
3. In view of this submission, it is ordered that the operation and
enforcement of the impugned judgment dated 29.10.2021 rendered by the
learned Single Judge in the instant W.P(C) No.3190/2021, will stand
stayed and shall be kept in abeyance. This order will be in force for a
period of six weeks. In the meanwhile, the learned Standing Counsel for
the appellant-Board and the learned Senior Government Pleader will get
instructions from the respective parties, as to the procedure that may have
to be adopted in ascertaining as to whether the personnel sponsored by
the employer for registration, are physically capable of doing all the
loading and unloading work to be done by the headload workers and
whether the appellant-Board can refer the cases of those personnel to a
medical board of a Government hospital to ascertain those aspects, etc.
List this Writ Appeal along with W.A No.1624/2021 on 24/02/2022.
Hand Over to both sides
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
vgd
01-02-2022 /True Copy/ Assistant Registrar
