Kerala High Court
Jilla Chumattu Thozhilali ... vs District Labour Officer on 12 January, 2023
WP(C) NO. 14688 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 14688 OF 2013
PETITIONER/S:
1 JILLA CHUMATTU THOZHILALI CONGRESS INTUC (I)
REG.NO.01-05-2007, KALLINGAL THRIPPADAPURAM UNIT
REPRESENTED BY ITS CONVENOR, RAJACHANDRAN NAIR K.P.
RESIDING AT KURNGUDY HOUSE, THRIPPADAPURAM, KULATHOOR
P.O., TRIVANDRUM.
2 ALL KERALA HEADLOAD WORKERS UNION AITUC
REG.NO.01/11/88, KALLINGAL THRIPPADAPURAM UNIT
REPRESENTED BY ITS CONVENOR RAMLAL V, RESIDING AT
VILAVILAKATHU VEEDU, KALLINGAL, KULATHOOR P.O.,
TRIVANDRUM.
3 THIRUVANANTHAPURAM JILL GENERAL MAZDOOR SANGHAM BMS
REG.NO.56/82, KALLINGAL-THRIPPADAPURAM UNIT
REPRESENTED BY IT'S CONVENOR SHAJI S, RESIDING AT
SINDHU BHAVAN, THRIPPADAPURAM, KULATHOOR P.O.,
TRIVANDRUM.
BY ADVS.
SRI.P.K.BABU
SMT.MERCIAMMA MATHEW
SRI.V.RENJITH KUMAR
RESPONDENT/S:
1 DISTRICT LABOUR OFFICER
TRIVANDRUM.
2 ASSISTANT LABOUR OFFICER
TRIVANDRUM 2ND CIRCLE, KAZHAKKOOTTAM, TRIVANDRUM.
3 BABU
CONVENOR, TRIVANDRUM DISTRICT HEAD LOAD AND GNERAL
WORKERS UNION (CITU), ATTINKUZHI UNIT,
KAZHAKKOOTTAM, TRIVANDRUM.
WP(C) NO. 14688 OF 2013 2
4 SELVARAJ
CONVENOR, TRIVANDRUM DISTRICT HEAD LOAD AND GENRAL
WORKERS UNION, (CITU), MUKKOLACKAL UNIT, KULATHOOR
P.O., TRIVANDRUM.
5 SHAJI
CONVENOR, TRIVANDRUM DISTRICT HEAD LOAD AND GENERAL
WORKERS UNION, (CITU) KULATHOOR UNIT, KULATHOOR
P.O., TRIVANDRUM.
6 CONVENOR
HEAD LOAD AND GENERAL WORKERS UNION (CITU),
KALLINGAL THRIPPADAPURAM UNIT, THRIPPADAPURAM,
KULATHOOR P.O., TRIVANDRUM.
7 MS. TECHNO PARK
KARIYAVATTOM, TRIVANDRUM REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER.
8 MANAGER
LARSEN AND TOURBRO LIMITED, TECHNO PARK PHASE 111
CONSTRUCTION SITE, KARIYELA-KOSAMUTTAM, KULATHOOR
P.O., TRIVANDRUM.
9 R.BAIJU
S/O RAGHAVAN, SREELAKSHMI, MALAMEL PARAMPU,
KANIYAPURAM, TRIVANDRUM.
10 REGIONAL JOINT LABOUR COMMISSIONER
KOLLAM (APPELLATE AUTHORITY UNDER SECTION 21(6) OF
THE KERALA HEAD LOAD WORKERS ACT)
BY ADVS.
GOVERNMENT PLEADER
SRI.ANIL THOMAST
SRI.ASOK M.CHERIAN
SRI.K.JANARDHANA SHENOY
SRI.K.D.MAHADEVAN
SRI.V.MADHUSUDHANAN
SRI.R.ROHITH
SRI.V.N.RAJAPPAN
SMT.K.V.RASHMI, SC, TECHNOPARK
OTHER PRESENT:
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14688 OF 2013 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 14688 of 2013
--------------------------------------
Dated this the 12th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers:
(i) "Call for the records leading to Exhibits P10 and P12 and
quash the same by issuing a writ of certiorari or any other
appropriate writ, order or direction.
(ii) Issue a writ of mandamus or any other appropriate writ,
order or direction commanding the 10th respondent appellate
authority to allow Exhibits P9 and P11 interlocutory
applications." [SIC]
2. This writ petition is filed challenging the interim
orders passed by the appellate authority-10th respondent under
the Kerala Headload Workers Act, 1978. This writ petition is
pending before this Court from 2013 onwards. As I observed
earlier, the impugned orders are only interlocutory orders
passed in the pending appeal. This Court was pleased to stay
the proceedings in HLA No.2/2010 on the file of the 10 th
respondent-appellate authority and the interim order is in
force even now. I am of the considered opinion that leaving
open all the contentions of the petitioner, there can be a
direction to the appellate authority to pass final orders in the
appeal, untrammelled by any observations in the impugned
orders, if not already disposed.
Therefore, this writ petition is disposed of directing the
addl. 10th respondent to dispose the appeal, HLA No.2/2010 as
expeditiously as possible, if not already disposed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 14688/2013
PETITIONER EXHIBITS
EXHIBIT P1: THE TRUE COPY OF THE SAMPLE
IDENTITY CARD.
EXHIBIT P2: THE TRUE COPY OF THE ROUGH
SKETCH.
EXHIBIT P3: THE TRUE COPY OF THE PETITION
DATED 13.1.2010 SUBMITTED BEFORE THE DLO.
EXHIBIT P4: THE TRUE COPY OF THE COMPLAINT
SUBMITTED BY THE PETITIONER UNIONS BEFORE
THE POLICE AUTHORITIES SEEKING POLICE
PROTECTION AS EASLY AS ON 13.1.2010.
EXHIBIT P5: THE TRUE COPY OF THE JUDGMENT
DATED 29.1.2010.
EXHIBIT P6: THE TRUE COPY OF THE ORDER
DATED 30.3.2010 ISSUED BY THE D.L.O
TRIVANDRUM.
EXHIBIT P7: THE TRUE COPY OF THE APPEAL
DATED 5.4.2010.
EXHIBIT P8: THE TRUE COPY OF THE SAID
SKETCH CERTIFIED BUY THE VILLAGE OFFICER,
ATTIPRA.
EXHIBIT P9: THE TRUE COPY OF THE IA NO.2 OF
2012.
EXHIBIT P10: THE TRUE COPY OF THE ORDER
DATED 23.5.2013 IN IA NO.2/20132 IN HLA
NO.2 OF 2012.
EXHIBIT P11: THE TRUE COPY OF THE IA NO.3
OF 2012 PRAYING FOR IMPLEADING THE 14
REGISTERED HEAD LOAD WORKERS OF
THRIPPADAPURAM-KALLINGAL UNIT.
EXHIBIT P12: THE TRUE COPY OF THE ORDER
DATED 23.5.2013 IN IA NO.3 OF 2012 IN HLA
NO.12 OF 2010.
