Pulimoottil Silks & Sarees (P) Ltd vs Assistant Labour Officer
2023 Latest Caselaw 4857 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945


                  WP(C) NO. 11244 OF 2023


PETITIONERS:

    1    PULIMOOTTIL SILKS & SAREES (P) LTD
         REPRESENTED BY ITS DIRECTOR AND AUTHORISED
         SIGNATORY - SRI. ROJAR JOHN, THIRUVALLA,
         PIN - 689101

    2    MUHAMMED HASHIM S
         AGED 27 YEARS, S/O SHIBU MUHAMMED,
         SABEENA MANZIL, PATHADY, FARATHIPURAM PO, EROOR,
         KOLLAM, PIN - 691312

    3    ALEN CHACKO
         AGED 23 YEARS, S/O CHACKOCHAN,
         PERUMBALAM, EARA PO, NEELAMPEROOR, ALAPPUZHA,
         PIN - 688534

    4    SREEJISH K NAIR
         AGED 29 YEARS, S/O JANESWARAN NAIR,
         ERINGADAPALLI, KUZHIMATTOM PO, KOTTAYAM,
         PIN - 686533

    5    ARUN VP
         AGED 31 YEARS, S/O PREMKUMAR,
         VALIYAVEEDU, KURICHI PO, ITHITHANAM, KOTTAYAM,
         PIN - 686535

    6    SAJEESHLAL KR
         AGED 41 YEARS
         KUMARUPARAMBU, PULLANGADI PO, ALAPPUZHA,
         PIN - 688505

         BY ADVS.
         P.THOMAS GEEVERGHESE
 W.P.(C) No. 11244 of 2023

                              2




             CHACKO SIMON
             TONY THOMAS (INCHIPARAMBIL)
             E.S.FIROS


RESPONDENTS:

     1       ASSISTANT LABOUR OFFICER
             REVENUE TOWER ROAD, THRIVALLA, PIN - 689101

     2       DISTRICT LABOUR OFFICER
             PATHANAMTHITTA, EXCEL BUILDING, POST OFFICE ROAD,
             PATHANAMTHITTA, PIN - 689645

     3       KERALA HEADLOAD WORKERS WELFARE BOARD
             REPRESENTED BY ITS CHAIRMAN, LOCAL COMMITTEE,
             REVENUE TOWER, 3RD FLOOR, THIRUVALLA, PIN - 689101

             SRI.K.SIJU, SC


             SRI TR RENJITH, SR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 11244 of 2023

                                         3




                                      JUDGMENT

The 1st petitioner is running a textile shop at Pathanamthitta.

Petitioners 2 to 6 are attached headload workers. An application for

registration under 26A was preferred, which was rejected by Ext.P2 order.

Challenging Ext.P2 order, the petitioners have approached this Court seeking

the following reliefs:

i) issue a writ of certiorari or other appropriate writ or order calling for records leading to the issuance of Ext.P2 order and quash the same as arbitrary and illegal.

ii) issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to grant registration to petitioners 2 to 6 under Rule 26A of the Kerala Headload Workers Rules, 1981.

2. The petitioners contend that after the filing of the writ petition,

the petitioners have availed the statutory remedy and have preferred Ext.P5

appeal before the appellate authority.

3. When the matter is taken up for consideration, the learned

counsel appearing for the petitioners submit that necessary directions be W.P.(C) No. 11244 of 2023

issued to the District Labour Officer, Pathanamthitta, to consider the appeal

and take a decision.

4. The learned Government Pleader submits that as the petitioners

have availed the statutory remedy, there is no point in keeping the writ

petition pending. It is further submitted that the establishment is situated in

a scheme-covered area.

Having regard to the facts and circumstances and the submissions

made across the bar, this writ petition is disposed of directing the 2nd

respondent to take up, consider and pass orders on Ext.P5 appeal, within

the statutory period. If any application for stay is preferred by the

petitioner, the same shall also be considered and expeditious orders shall be

passed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP W.P.(C) No. 11244 of 2023

APPENDIX OF WP(C) 11244/2023

PETITIONERS' EXHIBITS:

Exhibit.P1 TRUE COPY OF THE APPLICATION OF 2ND PETITIONER TO THE 1ST RESPONDENT DATED 7.1.2023

Exhibit.P1[a] TRUE COPY OF THE APPLICATION OF 3RD PETITIONER TO THE 1ST RESPONDENT DATED 7.1.2023

Exhibit.P1{b} TRUE COPY OF THE APPLICATION OF 4TH PETITIONER TO THE 1ST RESPONDENT DATED 7.1.2023

Exhibit.P1[C] TRUE COPY OF THE APPLICATION OF 5TH PETITIONER TO THE 1ST RESPONDENT DATED 7.1.2023

Exhibit.P1[d] TRUE COPY OF THE APPLICATION OF 6TH PETITIONER TO THE 1ST RESPONDENT DATED 7.1.2023

Exhibit.P2 TRUE COPY OF THE ORDER DATED 14.2.2023 OF ASST. LABOUR OFFICER, THIRUVALLA

Exhibit.P3 TRUE COPY OF THE JUDGMENT IN 2021 KHC 627, HEAD DIGITAL WORKS PVT LTD V/S STATE OF KERALA

Exhibit.P4 TRUE COPY OF THE JUDGMENT IN WA.1942/2022 DATED.20.12.2022

Exhibit P5 TRUE COPY OF APPEAL FILED BY PETITIONERS 2 TO 6, BEFORE THE 2ND RESPONDENT DATED W.P.(C) No. 11244 of 2023

11/4/2023

Exhibit P6 TRUE COPY OF JUDGMENT KERALA HEADLOAD WORKERS WELFARE BOARD V. NISHAD, REPORTED IN 2022 (5) KHC 367

RESPONDENTS' : NIL EXHIBITS