Laxman Marndi vs The District Labour Officer
2023 Latest Caselaw 3805 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       WP(C) NO. 11408 OF 2023
PETITIONERS:

    1     LAXMAN MARNDI
          AGED 18 YEARS, S/O KANKA MARNDI
          KAPTIPADA, ARJUN SHOL, MANKADAPADA, MAYURBHANJ,
          ODISHA, PIN - 757040

    2     BASEN MARNDI
          AGED 23 YEARS
          S/O. RAMESH MARNDI, KAPTIPADA, ARJUN SHOL, MANKADAPADA,
          MAYURBHANJ, ODISHA, PIN - 757040

    3     BASEN MARNDI
          AGED 24 YEARS
          S/O. KANKA MURMU, KAPTIPADA, ARJUN SHOL, MANKADAPADA,
          MAYURBHANJ, ODISHA, PIN - 757040

    4     DALU MARNDI
          AGED 19 YEARS
          S/O. LAXMAN MARNDI, BADGUDUGUDIA, BENIPUR, MAYURBHANJ,
          ODISHA, PIN - 757040

    5     SOBHNATH THAKUR
          AGED 36 YEARS
          S/O. SITARAM THAKUR, AGAR NAGAR, PREM NAGAR 3,
          KIRARI SULAIMAN NAGAR, NITHARI, SULTANPURI C BLOCK,
          NORTH WEST DELHI, DELHI, PIN - 110086

    6     RAJU KUMAR
          AGED 36 YEARS
          S/O. KARIKANTH JHA, KAPTIPADA, LAKHAN SARAI VILLAGE,
          PRATAP TANAR, VAISHALI, BIHAR, PIN - 844123

          BY ADVS.
          R.SUDHISH
          M.MANJU
RESPONDENTS:

    1     THE DISTRICT LABOUR OFFICER
          KANNUR DISTRICT, S.P. OFFICE ROAD,
          THAVAKKARA, KANNUR, PIN - 670001
 WP(C) NO. 11408 OF 2023
                                   2

    2          THE ASSISTANT LABOUR OFFICER
               PAYYANNUR, KANNUR, PIN - 670307

    3          KERALA HEAD LOAD WORKERS WELFARE FUND BOARD
               REPRESENTED BY EXECUTIVE OFFICER, KANNUR
               DISTRICT OFFICE, 2ND FLOOR, FOOD GRAINS BHAVAN
               BUILDING, RAJEEV GANDHI ROAD, J.S. PAUL
               JUNCTION, KANNUR, PIN - 670001

    4          MACBIRD EXPORTERS INDIA PRIVATE LIMITED
               16/254 B, EMBATE PARIYARAM, KANNUR, PIN -
               670503
               REPRESENTED BY THE MANAGING DIRECTOR ROBIN
               SEBASTIAN

               BY ADV
               ADV.S.KRISHNA MOORTHY - SC, KHWWB
               ADV T R RENJITH -G P


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   30.03.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 11408 OF 2023
                                  3

                             JUDGMENT

The petitioners who were working as head load workers of the

4th respondent company submitted applications before the 3 rd

respondent, for registration as head load workers under Rule 26A of

Kerala Head Load Workers Rules. However, as per Exts.P10 to

P15 the aforesaid applications were dismissed by the 3 rd

respondent. Being aggrieved by the same, the petitioners have filed

Exts.P16 to P21 appeals before the 1 st respondent/District Labour

Officer under Rule 26C of the Head Load Workers Rules. The

grievance of the petitioners is that even though the appeals were

submitted as early as on 22.02.2023, the same has not been disposed

of so far.

2. Heard both sides.

After considering all the relevant inputs, I am of the view that,

as the appeals are pending since February, 2023 an order directing

the disposal of the order within a time frame may be passed. In such

circumstances, this writ petition is disposed of directing the 1 st

respondent to take up Exts.P16 to P21 appeals submitted by the WP(C) NO. 11408 OF 2023

petitioners herein, and pass appropriate orders thereon after hearing

the affected parties, as expeditiously as possible, at any rate, within

a period of two months from the date of production of copy of this

judgment.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE scs WP(C) NO. 11408 OF 2023

APPENDIX OF WP(C) 11408/2023

PETITIONER EXHIBITS Exhibit P1 COPY OF THE D AND O LICENCE ISSUED BY THE PARIYARAM GRAMA PANCHAYATH TO THE 4TH RESPONDENT DATED 29.10.2022 Exhibit P2 COPY OF THE REGISTRATION UNDER THE GOODS AND SERVICE TAX ISSUED BY THE GOVERNMENT OF INDIA DATED 21.1.2023 Exhibit P3 COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT ASSISTANT LABOUR OFFICER TO THE 4TH RESPONDENT UNDER THE KERALA SHOPS AND ESTABLISHMENT ACT DATED 19.11.2022 Exhibit P4 COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 1ST PETITIONER DATED 15.11.2022 Exhibit P5 COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 2ND PETITIONER DATED 15.11.2022 Exhibit P6 COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 3RD PETITIONER DATED 16.11.2022 Exhibit P7 COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 4TH PETITIONER DATED 15.11.2022 Exhibit P8 COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 5TH PETITIONER DATED 16.11.2022 Exhibit P9 COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 6TH PETITIONER DATED 16.11.2022 Exhibit P10 COPY OF THE COMMON ORDER OF THE ASSISTANT LABOUR OFFICER, PAYYANNUR IN KANNUR DISTRICT REJECTING THE APPLICATION OF THE 1ST PETITIONER DATED 19.1.2023 Exhibit P11 COPY OF THE COMMON ORDER OF THE ASSISTANT LABOUR OFFICER, PAYYANNUR IN KANNUR DISTRICT REJECTING THE APPLICATION OF THE 2ND PETITIONER DATED 19.1.2023 Exhibit P12 COPY OF THE COMMON ORDER OF THE WP(C) NO. 11408 OF 2023

ASSISTANT LABOUR OFFICER, PAYYANNUR IN KANNUR DISTRICT REJECTING THE APPLICATION OF THE 3RD PETITIONER DATED 19.1.2023 Exhibit P13 COPY OF THE COMMON ORDER OF THE ASSISTANT LABOUR OFFICER, PAYYANNUR IN KANNUR DISTRICT REJECTING THE APPLICATION OF THE 4TH PETITIONER DATED 19.1.2023 Exhibit P14 COPY OF THE COMMON ORDER OF THE ASSISTANT LABOUR OFFICER, PAYYANNUR IN KANNUR DISTRICT REJECTING THE APPLICATION OF THE 5TH PETITIONER DATED 19.1.2023 Exhibit P15 COPY OF THE COMMON ORDER OF THE ASSISTANT LABOUR OFFICER, PAYYANNUR IN KANNUR DISTRICT REJECTING THE APPLICATION OF THE 6TH PETITIONER DATED 19.1.2023 Exhibit P16 COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.2.2023 Exhibit P17 COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.2.2023 Exhibit 18 COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.2.2023 Exhibit P19 COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.2.2023 Exhibit P20 COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.2.2023 Exhibit P21 COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE 6TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.2.2023 Exhibit P22 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 29.4.2016 IN W.P.(C) NO. 16084 OF 2016 Exhibit P23 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 13.8.2015 IN W.P.(C) NO. 23602 OF 2015