G.Biju vs The District Labour Officer
2023 Latest Caselaw 8671 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                         WP(C) NO. 26217 OF 2023
PETITIONER:

              G.BIJU
              AGED 43 YEARS
              S/O GANGADHARAN, CONVENOR,
              INTUC HEADLOAD WORKERS UNION,
              AMBOORI- NJAVARAKKADU UNIT,
              AMBOORI P.O, THIRUVANANTHAPURAM
              RESIDING AT PUTHUVALPUTHEN HOUSE,
              AMBOORI, THIRUVANANTHAPURAM,
              PIN - 695505

              BY ADVS.
              S.MOHAMMED AL RAFI S
              THAJUNA MARIA FRANCIS


RESPONDENTS:

     1        THE DISTRICT LABOUR OFFICER
              LABOUR OFFICE, THIRUVANANTHAPURAM,
              PIN - 695001

     2        THE ASSISTANT LABOUR OFFICER,
              ASSISTANT LABOUR OFFICE,
              ALUMMOODU, NEYYANTTIKARA,
              PIN - 695121

              SMT. PARVATHY K. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26217 OF 2023

                               2

                          JUDGMENT

The petitioner is the convener of a trade union in

Amboori Grama panchayat. According to the petitioner,

the members of the union have been undertaking

headload works within the area of Amboori Grama

panchayat since 1979. The petitioner states that the 2 nd

respondent, Assistant Labour Officer, has issued Ext. P2

order assigning the work of loading and unloading in

Thodumala ward, Amboori Grama panchayat to

registered headload workers in that particular ward. The

petitioner submits that Ext. P2 order is illegal and

arbitrary and passed without hearing the petitioner and

the other members of the Headload Workers Union.

Aggrieved by Ext. P2, the petitioner has preferred Ext. P3

appeal before the 1st respondent invoking the provisions

under Section 21(6) of the Kerala Head Load Workers Act.

The limited prayer of the petitioner is for a direction to WP(C) NO. 26217 OF 2023

the 1st respondent to dispose of Ext. P3 appeal

expeditiously.

2. Since Ext. P3 statutory appeal is pending before

the 1st respondent, there will be a direction to the 1 st

respondent to dispose of the same as expeditiously as

possible, at any rate, within a period of two weeks from

the date of receipt of certified copy of this judgment after

hearing the petitioner and other affected parties.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bnu WP(C) NO. 26217 OF 2023

APPENDIX

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER NO.909/2001 DATED 17/12/2001 ISSUED BY 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.169/2023 DATED 12/04/2023 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPEAL DATED 22/7/2023 SUBMITTED BEFORE THE 1ST RESPONDENT.