A.Salim vs Labour Commissioner Of Kerala
2022 Latest Caselaw 8892 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                         WP(C) NO. 14150 OF 2022
PETITIONER/S:

             A.SALIM
             HUDA HOUSE, CHAKKUVALLI, PORUVAZHI, SOORANADU P.O,
             KOLLAM, PIN - 690520.

             BY ADV E.S.MOOSA



RESPONDENT/S:

     1       LABOUR COMMISSIONER OF KERALA
             VIKAS BHAVAN, BRIGRADIER ROAD, PALAYAM,
             THIRUVANANTHAPURAM, PIN - 695033.

     2       DISTRICT LABOUR OFFICER,
             CIVIL STATION P.O, COLLECTORATE, KOLLAM, PIN - 691013.

     3       ASSISTANT LABOUR OFFICER,
             SHASTHAMKOTTA P.O, PIN - 690521.

     4       K.K. DANIEL,
             CITU SOORANADU AREA SECRETARY, KALLEEKKAL PUTHENVEEDU,
             SOORANADU P.O, PIN - 690522.


OTHER PRESENT:

             SR GP SRI V K SUNIL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14150 OF 2022
                                       2

                             JUDGMENT

Petitioner is running a wholesale provision dealer at

Chakkuvalli carrying the work under the name and style of Huda

Traders. Petitioner is an assessee under the Goods and Service Tax

Act 2017 and also Income Tax Act within the role of GST and PAN

number. It is already registered under the Kerala Shops and

Commercial Establishment Act, 1960 as per the registration

certificate, Ext.P1 and all the workers are registered person under

the same Act. There is no trade union for loading and unloading and

the goods were unloaded by the head load workers of the petitioner's

business premises. In other words, it is not a scheme area.

Application Ext.P3 has been submitted for registration but no action

has been taken.

2. Learned counsel for the petitioner submitted that the

petitioner would be satisfied in case the writ petition is disposed of

with a direction to the respondent to take a call on the application

Ext.P3.

3. Learned counsel for the respondents submitted that the

authority would not be averse in taking a call on the application, in WP(C) NO. 14150 OF 2022

accordance with law.

Without expressing any opinion on the merits of the matter, I

dispose of the writ petition with a direction to the 2 nd respondent to

take a call on the representation Ext.P3 and decide the same in

accordance with law, within a period of two months from the date of

receipt of a certified copy of this judgment.

SD/-

sab                                             AMIT RAWAL
                                                  JUDGE
 WP(C) NO. 14150 OF 2022


                 APPENDIX OF WP(C) 14150/2022

PETITIONER EXHIBITS

Exhibit P1            PHOTOCOPY OF ORIGINAL REGISTRATION

CERTIFICATE UNDER SHOPS AND COMMERCIAL ESTABLISHMENT ACT.

Exhibit P2 PHOTOCOPY OF THE DETAILS OF REGISTERED WORKERS UNDER SHOPS AND COMMERCIAL ESTABLISHMENT ACT.

Exhibit P3 PHOTOCOPY OF PETITION FILED BEFORE THE 2ND RESPONDENT.

Exhibit P4 PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE HEAD LOAD WORKERS BY THE DISTRICT EXECUTIVE OFFICER, SHOPS AND COMMERCIAL ESTABLISHMENT ACT.

Exhibit P5 PHOTOCOPY OF THE APPLICATION FOR REGISTRATION UNDER THE HEAD LOAD WORKERS ACT.

Exhibit P6 PHOTOCOPY OF THE APPLICATION FILED BY THE HEAD LOAD WORKERS FOR THE REGISTRATION UNDER HEAD LOAD WORKERS ACT.