Kerala High Court
Kerala State Legal Services ... vs State Of Kerala on 23 August, 2023
WP(C) No.28063/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
WP(C) NO. 28063 OF 2023(S)
PETITIONER:
KERALA STATE LEGAL SERVICES AUTHORITY (KELSA),
REPRESENTED BY ITS MEMBER SECRETARY (DISTRICT JUDGE),
NIYAMA SAHAYA BHAVAN, HIGH COURT COMPOUND,
ERNAKULAM, KOCHI 682 031.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
2. THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4. THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
5. THE STATE POLICE CHIEF, KERALA POLICE HEADQUARTERS,
THIRUVANANTHAPURAM - 695 010.
6. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI
- 110 001.
7. THE SECRETARY TO GOVERNMENT, GOVERNMENT OF INDIA, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI - 110 001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
(a) call for a report as to action taken by respondents pursuant to
Exhibit P10 judgment of this Hon'ble Court, pending disposal of this Writ
Petition (Civil); and
(b) direct the respondents to forthwith cause compulsory
registration of migrant workmen and labourers employed in the State of
Kerala with collection of their data, by issue of guidelines in line with
legislative intent enacted in Section 21 of "The Occupational Safety,
Health and Working Conditions Code 2020", pending disposal of this Writ
Petition (Civil).
P.T.O.
WP(C) No.28063/2023 2/5
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.P.K.SURESH KUMAR (SENIOR ADVOCATE) along with M/S. B.ASHOK SHENOY,
P.S.GIREESH, ARJUN R NAIK & THEJALAKSHMI R.S., Advocates for the
petitioner, GOVERNMENT PLEADER for R1 to R5 and of DEPUTY SOLICITOR
GENERAL OF INDIA for R6 & R7, the court passed the following:
P.T.O.
WP(C) No.28063/2023 3/5
A.J. Desai, C.J.
&
V.G. Arun, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.P.(C)No.28063 of 2023-S
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 23rd day of August 2023
ORDER
A.J. Desai, C.J.
We have gone through the present public interest litigation
that has been filed by the Kerala Legal Services Authority seeking
certain directions.
2. The judgment dated 22.02.2023 passed by a Division
Bench of this court in W.P.(C)No.8140 of 2022 has been placed for
our perusal, by which it has been held that public interest
litigation can be filed at the instance of the Legal Services
Authority.
3. The Government Pleader has questioned the
maintainability of the present petition at the instance of the
Kerala Legal Services Authority.
WP(C) No.28063/2023 4/5
W.P.(C)No.28063 of 2023
4. Learned Government Pleader takes notice for
respondents 1 to 5. Learned Deputy Solicitor General of India
takes notice for respondents 6 and 7.
5. It would be open for the respondents to file counter
affidavit.
Post on 11.09.2023 along with W.P.(C)Nos.24928 and 25306
of 2023.
Sd/-
A.J. Desai
Chief Justice
Sd/-
V.G. Arun
Judge
vpv
23-08-2023 /True Copy/ Assistant Registrar
WP(C) No.28063/2023 5/5
APPENDIX OF WP(C) 28063/2023
Exhibit P10 TRUE COPY OF JUDGMENT DATED 1.7.2020 IN W.P.(C)
NOS.23724 OF 2016 AND 27148 OF 2015 BEFORE THIS COURT.
23-08-2023 /True Copy/ Assistant Registrar
