Suresh.S vs The Registering Authority/Under ...
2023 Latest Caselaw 9838 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                                 1945
                     WP(C) NO. 29600 OF 2023
PETITIONERS:
          SURESH.SAGED 42 YEARSS/O.SOMAN, PROPRIETOR,
          SHARON ENTERPRISES, UDAYANKULANGARA, RESIDING AT
          PUTHUKULANGARA, PUTHENVEETTIL, KEEZHKOLLAM,
          CHENKAL, THIRUVANANTHAPURAM, PIN - 695132
          BY ADVS.
          ANCY THANKACHAN
          BABU M.
          NIDHIN RAJ VETTIKKADAN
RESPONDENTS:
    1     THE REGISTERING AUTHORITY/UNDER RULE 26A KERALA
          HEADLOAD WORKERS RULES 1981 AND ASST.LABOUR
          OFFICEROFFICE OF THE ASSISTANT LABOUR OFFICER,
          NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 695121
    2     THE CHAIRMANKERALA HEADLOAD WORKERS WELFARE
          BOARD, SUB COMMITTEE OFFICE, NEYYATINKARA,
          THIRUVANANTHAPURAM, PIN - 695121
          BY ADV Thomas Abraham
          BY GOVT.PLEADER:ADV.SYMAMTHAT
     THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.09.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                        Sathish Ninan, J.
                    ----------------------
                   WP(C) No.29600 of 2023
               -------------------------------
          Dated this the 13th day of September, 2023

                                 JUDGMENT

Petitioner is running a business establishment in

cement bags and steel. Earlier, the unit was functioning

at Udyankulangara in Chenkal Panchayat of

Thiruvananthapuram District. Subsequently, the business

was shifted to Amaravila. Amaravila is a Scheme covered

area. The workers of the petitioner have submitted

applications under Rule 26A of the Kerala Headload

Workers Rule for registration. The applications are

pending consideration. In the meanwhile, there is

obstruction from the pool workers, is the contention.

2. After hearing the learned counsel on both

sides, I am of the opinion that it would be sufficient

if the applications (Exts.P6 to P10) submitted under WP(C) No.29600 of 2023

Rule 26A is considered and appropriate orders passed

without delay.

Resultantly, without expressing anything on the

merits, the writ petition is disposed of directing the

1st respondent to consider and pass appropriate orders

on Exts.P6 to P10 with due notice to the affected

parties, as expeditiously as possible and at any rate

within a period of one month from today.

Sd/-

Sathish Ninan, Judge rsr APPENDIX OF WP(C) 29600/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TRADE LICENSE DATED 5-11-

2021 ISSUED BY THE CHENKAL GRAMA PANCHAYATH. Exhibit P2 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.SHO10030011203 ISSUED UNDER THE SHOPS AND COMMERCIAL ESTABLISHMENT ACT.

Exhibit P3 TRUE COPY OF ONE SUCH 26 A CARD ISSUED BY THE ALO, NEYYANTTINKARA TO ONE MR.VINCENT.R Exhibit P4 TRUE COPY OF THE RENT AGREEMENT DATED 20-07-

2023 EXECUTED BY THE PETITIONER WITH THE LANDLADY MRS.JYOTHI SUMA Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE LABOUR OFFICER DATED NIL, NEYYANTINKARA.

Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED BY S.DANIEL IN FORM IX UNDER RULE 26A DATED 17- 08-2023 Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY MR.SYAM S.R IN FORM IX UNDER RULE 26A DATED 17-08-2023 Exhibit P8 TRUE COPY OF THE APPLICATION SUBMITTED BY MR.SANTHOSH.B IN FORM IX UNDER RULE 26A DATED 18-08-2023 Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BY MR.CHHOTAN MANDAL IN FORM IX UNDER RULE 26A Exhibit P10 TRUE COPY OF THE APPLICATION SUBMITTED BY MR.GANESH MAHALDER IN FORM IX UNDER RULE 26A DATED 17-08-2023 Exhibit P11 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER DATED 18-08-2023 TO THE 1ST RESPONDENT Exhibit P12 A TRUE COPY THE JUDGEMENT IN WA.1942/2022 DATED 20-12-2022 Exhibit P13 TRUE COPY OF THE ORDER IN IA 6/2023 IN WP(C).NO.15653/2023 DATED 13-07-2023