Kannur District Headload Workers Union ... vs State Of Kerala
2024 Latest Caselaw 5922 Ker

Kerala High Court

Kannur District Headload Workers Union ... vs State Of Kerala on 23 February, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                        WP(C) NO. 38488 OF 2023
PETITIONER/S:

          KANNUR DISTRICT HEADLOAD WORKERS UNION (AITUC),
          AGED 78 YEARS
          REG.NO.13-1/09 VALAPATTANAM,
          KANNUR DISTRICT,
          REPRESENTED BY ITS GENERAL SECRETARY,
          SRI.THAVAM BALAKRISHNAN,
          PIN - 670010

          BY ADVS.
          I.SHEELA DEVI
          PRADEEP BABU P.D.
          DAYA. K.G.R.


RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          LABOUR DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT LABOUR OFFICER (GENERAL),
          V9FC+RM9, THAVAKKARA, KANNUR DISTRICT,
          KANNUR,
          PIN - 670002

    3     KERALA STATE WAREHOUSING CORPORATION,
          (ESTABLISHED BY GOVERNMENT OF KERALA),
          HEAD OFFICE, PB NO.1727,
          WAREHOUSING CORPORATION ROAD,
          KOCHI,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          PIN - 682016

    4     KERALA HEADLOAD WORKERS WELFARE FUND BOARD,
          KANNUR DISTRICT COMMITTEE,
          V9F7+GJ6, THALIKKAVU,
          MANJAPALAM, KANNUR,
          KERALA, REPRESENTED BY ITS CHAIRMAN,
          PIN - 670001
 WP(C)No.38488 of 2023
                                           2

      5        * ADDL.R5
               BINISH P.,
               S/O.DASAN,
               RESIDING AT PARAPPIL (H),
               PERUMPARAMB,
               IRRITY P O,
               KANNUR DISTRICT
               IS IMPLEADED AS PER ORDER DATED 23.2.2024 IN
               I.A.NO.1/2024
               BY ADVS.
               K.S.ARUN KUMAR
               I.V.PRAMOD
               RESMI SAJEEVAN


OTHER PRESENT:

               SRI. P M SHAMEER (GP)


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    23.02.2024,       THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C)No.38488 of 2023
                                        3



                               JUDGMENT

Aggrieved by Ext.P1 order, the petitioner has

preferred HLWA.03/2023 before the Appellate Authority

(Deputy Labour Commissioner) under the Kerala Head Load

Workers Act, 1978.

2. The learned counsel appearing for the

petitioner would submit that the petitioner would be

satisfied, if the directions issued to the Appellate Authority

to consider and dispose of the appeal filed against Ext.P1

order within a time frame and further directing the

maintenance of status quo till the appeal is decided by the

Appellate Authority.

3. The learned counsel appearing for the

additional fifth respondent would submit that the additional

fifth respondent and workers similarly situated like the

additional fifth respondent are affected and if there is any

delay in disposing of the appeal, they will be seriously

prejudiced.

4. Having heard the learned counsel appearing

for the petitioner, the learned counsel appearing for the

fourth respondent, the learned counsel appearing for the

additional fifth respondent and the learned Government

Pleader appearing for the official respondents, this writ

petition will stand disposed of directing the Deputy Labour

Commissioner, Kannur (Appellate Authority under the

Kerala Head Load Workers Act, 1978) to dispose of

HLWA.03/2023, after affording an opportunity of hearing to

the petitioner and to the additional fifth respondent, within

a period of two months from the date of receipt of a

certified copy of this judgment. Till such time orders are

passed on the appeal, status quo as on today shall continue.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj

APPENDIX OF WP(C) 38488/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER NO.G (4) 4292/2022 DATED 01.11.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S UNION. Exhibit-P2 TRUE COPY OF THE LETTER DATED 13.11.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S UNION.

Exhibit-P3 TRUE COPY OF THE IDENTITY CARDS OF THE 8 MEMBERS OF THE PETITIONER'S UNION ISSUED BY THE KERALA HEADLOAD WORKERS WELFARE FUND BOARD, KANNUR DISTRICT COMMITTEE. Exhibit-P4 TRUE COPY OF THE IDENTITY CARDS ISSUED BY THE ASSISTANT LABOUR OFFICER, IRITTY TO THE 8 MEMBERS OF THE PETITIONER'S UNION. RESPONDENT EXHIBITS Exhibit R5(a) A true copy of the appeal No. HLWA.03/2023 preferred by the petitioners before the Appellate Authority (Deputy Labour Commissioner dated 27/12/2023 Exhibit R5(b) A true copy of the objection filed by the District Labor Officer (General) M. Manoj herein before the Deputy Labor Commissioner, Kannur, dated 29.01.2024