Mohankumar L vs The Deputy Labour Commissioner, ...
2023 Latest Caselaw 9379 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                      WP(C) NO.28801 OF 2023
PETITIONER:

            MOHANKUMAR L, AGED 48 YEARS
            S/O.LAZAR, RATNAGIRI, PUNCHAKKARI
            THIRUVALLAM P.O., THIRUVANANTHAPURAM DISTRICT,
            PIN - 695027
            BY ADVS.
            C.S.AJITH PRAKASH
            T.K.DEVARAJAN
            BABU M.
            ANCY THANKACHAN
            NIDHIN RAJ VETTIKKADAN


RESPONDENTS:

            THE DEPUTY LABOUR COMMISSIONER,
            THIRUVANANTHAPURAM
            OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
            THOZILBHAVAN (LABOUR COMPLEX), PATTOOR PMG ROAD,
            PALAYAM THIRUVANANTHAPURAM, PIN - 695033

            BY SMT.PARVATHY K, GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   25.08.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.28801 of 2023               2




              MURALI PURUSHOTHAMAN, J.
    --------------------------------------------
               WP(C) No.28801 of 2023
    --------------------------------------------
         Dated this the 25th day of August, 2023

                                 JUDGMENT

Petitioner is a registered headload worker.

Against Ext.P5 order passed by the District Labour

Officer, the petitioner preferred Ext.P6 appeal

invoking the provisions under Section 21(6) of the

Kerala Headload Workers Act, 1978. The learned

counsel for the petitioner submits that though the

Act stipulates the Appellate Authority to dispose

of the appeal within a period of two weeks from

the date of receipt of the appeal, the respondent

Appellate Authority has not so far dispose of the

appeal. Accordingly, the petitioner has approached

this Court for appropriate direction to the

respondent to dispose of the appeal within a time

frame.

2. Heard the learned counsel for the

petitioner as well as the learned Government

Pleader.

3. Since Ext.P6 is a statutory appeal, there

will be a direction to the respondent to dispose

of the appeal after hearing all affected parties

and in accordance with law, as expeditiously as

possible, at any rate, within a period of one

month from the date of receipt of a certified copy

of this judgment.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/25/08/2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 COPY OF THE 6A IDENTITY CARD ISSUED TO THE PETITIONER

EXHIBIT P2 A TRUE COPY OF THE WORK CARD ISSUED BY THE HEAD LOAD WORKERS WELFARE BOARD, THIRUVANANTHAPURAM DISTRICT COMMITTEE WITH NO.18073 DATED 1/12/2022 FOR TPK-A POOL

EXHIBIT P3 COPY OF ONE SUCH HEARING NOTICE NO G(2) 5736/2022 DATED 17/03/2023 ISSUED BY THE DLO, THIRUVANANTHAPURAM

EXHIBIT P4 COPY OF THE ORDER DATED 01-06-2033 IN W.P.(C).13356/2023

EXHIBIT P5 COPY OF THE PROCEEDING NO.G(2)5736/2022 DATED 13-07-2023

EXHIBIT P6 COPY OF THE APPEAL AND STAY PETITION FILED BEFORE THE RESPONDENT HEREIN DATED 31-07-2023

EXHIBIT P7 COPY OF THE JUDGMENT DATED 21-08-2023 IN WRIT PETITION(C).13356/2023