Kerala High Court
Biju. K.B vs The District Labour Officer on 13 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
WA NO. 960 OF 2023
AGAINST THE JUDGMENT DATED 08/03/2023 IN WP(C) 3116/2023 OF THIS COURT.
APPELLANT/PETITIONER IN W.P.(C)
BIJU. K.B., AGED 32 YEARS , S/O. BABU K S., POOL LEADER OF POOL NO.
10, NETTOOR POOL, MARADU, RESIDING AT KANNOTHU PARAMBU, NETTOOR
P.O., ERNAKULAM, PIN - 682040.
BY ADVOCATES M/S.C.S.AJITH PRAKASH, T.K.DEVARAJAN, BABU M., ANCY
THANKACHAN, NIDHIN RAJ VETTIKKADAN, HAARIS MOOSA, GOURI KAILASH &
KRISHNENDU.D
RESPONDENTS/RESPONDENTS IN W.P (C):
1. THE DISTRICT LABOUR OFFICER, (GENERAL)/THE APPELLATE AUTHORITY UNDER
26 C OF THE KERALA HEAD LOAD WORKERS RULES 1981, OFFICE OF THE
DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD , PIN - 682030
2. THE CHAIRMAN, ERNAKULAM DISTRICT COMMITTEE OF THE KERALA HEAD LOAD
WORKERS WELFARE BOARD, KUMMENCHERRY BUILDING, T.D ROAD, ERNAKULAM
DISTRICT , PIN - 682035
3. THE CONVENER, SUB OFFICE OF THE KERALA HEAD LOAD WORKERS WELFARE
BOARD, TRIPUNITHURA, WHITE SHOP BUILDING, HILL PALACE ROAD, MARKET
JUNCTION, TRIPUNITHURA , PIN - 682301
4. RAJIB BHUYAN, BIJOYPURGAON, DHODANG CHAPORI, JORHAT, ASSAM - 708514
BY ADVOCATE SRI. K.S.ARUN KUMAR FOR R2 & R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the District Labout Officer, Alappuzha/the designate Appellate
Authority, to arrange a hearing to the Appellant before taking a decision
on the statutory appeals filed by the workers in the AUW Market.
This Writ Appeal again coming on for orders on 13/06/2023 upon
perusing the appeal memorandum and this Court's order dated 09/06/2023,
the court on the same day passed the following:
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
=================================
W.A No.896 of 2023
[arising out of the impugned judgment dated 08.03.2023 in W.P(C) No.2398/2023]
&
W.A No.960 of 2023
[arising out of the impugned judgment dated 08.03.2023 in W.P(C) No.3116/2023]
=================================
Dated this the 13th day of June, 2023
ORDER
These appeals are directed against the impugned common judgment
rendered on 08.03.2023 by the learned Single Judge in W.P(C) Nos.2398
& 3116 of 2023. The operative portion of the directions issued by this
Court in the latter part of para 16 of the impugned judgment reads as
follows :
"16. Rule 26C clearly states that only a person aggrieved by an order of the
registering authority under sub rule (3) or (4) of Rule 26A is entitled to
prefer an appeal. Sub Rule(2) of Rule 26C says that on receipt of an appeal,
the appellate authority shall give notice to the employer if any, and
headload worker an opportunity of being heard, decide the appeal. Sub Rule
(3) of Rule 26A, details the manner in which the registering authority
registers the name of a headload worker in the register of headload workers
on being satisfied that the headload worker is eligible for registration. Sub-
rule (4) of Rule 26A provides for the cancellation of registration of a person
as a headload worker when fraud or mistake is noticed. The petitioner in
W.P.(C) No.3116/2023 will not fall into the category of a person aggrieved
as required under Rule 26C. Furthermore, Sub-rule (2) of Rule 26C do not
mandate that the pool worker should be heard. In that view of the matter, in
view of the law laid down in Nishad(supra) and also the provisions of the
Rules, the petitioner in W.P.(C) No.3116/2023 is not entitled to advance
notice while hearing the appeal preferred by the petitioners in W.P.(C)
No.2398/2023.
Having considered the fact and circumstances, I am of the view that
the observations made by the Division Bench in Nishad (Supra) would apply
on all fours in the case of the petitioners herein. In that view of the matter,
this writ petition is disposed of by issuing the following directions.
W.A Nos.896 & 960 of 2023
a) There will be a direction to the 1st respondent to forward the
appeals to the District Labour Officer, Alappuzha who shall
hear the appeals as well as the stay petition and take a decision
in accordance with the law, expeditiously, in any event, within
a period of eight weeks.
b) In tune with the directions issued by the Division bench in
Nishad (supra), the petitioners, in their capacity as attached
workers under the respective management, shall be entitled to
be employed or engaged to do such work in the establishment
of the respective employer, notwithstanding the fact that the
market is situated in a scheme-covered area."
2. Heard the parties for some time. After so hearing the parties,
we are now inclined to pass an order clarifying that direction No.(b) in the
latter part of para 16 of the above judgment, holding that the writ
petitioners as attached workers shall be entitled to be employed or engaged
to do such work in the establishment of the respective employer,
notwithstanding the fact that the market is in a scheme-covered area, has
been issued only till the disposal of the statutory appeal filed by the writ
petitioner. Both sides submit that pursuant to the directions issued in
the impugned judgment as per direction No.(a) supra, the
appellate authority has passed an order on 26.04.2023, rejecting the
statutory appeal under Rule 26C and thus confirming the original order
passed under Rule 26A, rejecting the request for registration of attached
workers. Further, we are told that being aggrieved by the said appellate
rejection, the writ petitioner concerned has filed a fresh Writ Petition
W.A Nos.896 & 960 of 2023
(Civil) as W.P(C) No.15653/2023, which is pending consideration before
the learned Single Judge. We make it clear that the pendency of these
appeals will not in any manner preclude the learned Single Judge from
independently considering the pleas and the interim pleas of the said writ
petitioner in W.P(C) No.15653/2023 put forth for challenging the said
appellate rejection order and seeking appropriate interim reliefs. Any of
the parties may move these writ appeals, after orders are passed by the
learned Single Judge on the plea for interim relief in the pending W.P(C)
No.15653/2023.
List these appeals on 05/07/2023.
Hand Over to both sides
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.JAYACHANDRAN, JUDGE
vgd
