Manu K.M vs The Assistant Labour Officer
2024 Latest Caselaw 16070 Ker

Citation : 2024 Latest Caselaw 16070 Ker
Judgement Date : 7 June, 2024

Kerala High Court

Manu K.M vs The Assistant Labour Officer on 7 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                       WP(C) NO. 20475 OF 2024
PETITIONER:

            MANU K.M., AGED 36 YEARS,
            S/O MANICKAN KMN HOUSE, NATTUKAL,
            KOZHINJAMPARA,PALAKKAD, PIN - 678554.

            BY ADVS.RAJESH SIVARAMANKUTTY
            K.V.ANTONY
            A.P.BEELAMMA
            VIJINA K.
            ARUL MURALIDHARAN
RESPONDENTS:

    1       THE ASSISTANT LABOUR OFFICER, 1ST CIRCLE,
            CIVIL STATION BUILDING, PALAKKAD-, PIN - 678001.

    2       THE CHAIRPERSON,
            KERALA HEADLOAD WORKERS WELFARE BOARD, PALAKKAD
            DISTRICT COMMITTEE OFFICE, 1 ST FLOOR, M.A. COMPLEX,
            T.B ROAD, PALAKKAD, PIN - 678001.

    3       SIVADASAN, AGED 48 YEARS, C/O RAMANKUTY,
            KALAYAMKULAMBU, NALLEPPULLY, CHITTUR,
            PALAKKAD, PIN - 678553.

    4       MANIKANDAN S, AGED 46 YEARS
            S/O SANKARAN, MATHAPARAMBU, ATHICODE, PANAYUR,
            PALAKKAD, PIN - 678552.

    5       SURESH K, AGED 42 YEARS, S/O KRISHNANKUTTY, POOLAKKAD
            HOUSE, PANAYUR, ATHICODE, PALAKKAD, PIN - 678552.

    6       SUKUMARAN K, AGED 45 YEARS, S/O KARUPPAN,
            NELLIPPALLAM, NATTUKAL, PALAKKAD, PIN - 678554.

            BY ADV THOMAS ABRAHAM
            SMT.MABLE C.KURIAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20475 OF 2024
                             -2-

                        JUDGMENT

The petitioner is the employer of the party

respondents and says that the latter has filed

applications for registration under the

provisions of Section 26A of the Kerala Headload

Workers Act. He, therefore, prays that the said

applications be directed to be taken up and

disposed of by the competent Authorities without

any avoidable delay.

2. Sri.Thomas Abraham - learned Standing

Counsel for the Kerala Headload Workers Welfare

Board ('Board', for short) - of which the 2nd

respondent is the Chairperson - submitted that,

if the applications are pending, then there is

no legal impediment for the competent Authority

considering the same; however, praying that this

Court may not make affirmative declarations with

respect to any of the claims of the petitioner.

3. Smt.Mable C.Kurian - learned Senior WP(C) NO. 20475 OF 2024

Government Pleader, submitted that, prima facie,

if the applications are in order and they have

been made by the employees, then the competent

Authority will certainly consider them as per

law, after hearing both sides. She also prayed

that this Court not speak affirmatively on the

request of the petitioner, since it is for the

party respondents to move the applications and

seek registration as per law.

4. I have no doubt that, normally, in cases

like this, it is the applicants who should have

come here. However, I notice from the pleadings

on record that the petitioner has employed the

party respondents and that he intends to

continue with his business on the strength of

all requisite licences and permits.

5. I am, therefore, of the firm view that,

instead of standing on technicalities, it will

be justified for this Court to direct the WP(C) NO. 20475 OF 2024

competent Authority to take up the applications

and dispose them of as per law, following due

procedure.

In the afore circumstances, I allow this

Writ Petition to the limited extent of directing

the competent Authority - be that the 1st

respondent, or any other - to take up the

applications of the party respondents and

dispose of the same, after affording them and

the Board, necessary opportunity of being heard;

thus culminating in an appropriate order and

necessary action thereon, as expeditiously as is

possible, but not later than three months from

the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 20475 OF 2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF IFTE &AMP; OS LICENSE UNDER SECTION 447 OF THE KERALA MUNICIPALITY ACT FOR THE PERIOD 30-3-2024- TO 29-3-2025 ISSUED TO PETITIONER BY PALAKKAD MUNICIPALITY

EXHIBIT P2 A TRUE COPY OF THE FORM OF REGISTRATION CERTIFICATE ISSUED TO PETITIONER IN FORM GST REG-06 BY THE GOVERNMENT OF INDIA WITH REGISTRATION NO. 32BOFPM0548K2ZY DATED 19-3-2024

EXHIBIT P3 A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED ON 15-5-2024 UNDER FORM IX BEFORE THE 1 ST RESPONDENT BY 3 RD RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED ON 15-5-2024 UNDER FORM IX BEFORE THE 1 ST RESPONDENT BY 4 TH RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED ON 15-5-2024 UNDER FORM IX BEFORE THE 1 ST RESPONDENT BY 5 TH RESPONDENT

EXHIBIT P6 A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED ON 15-5-2024 UNDER FORM IX BEFORE THE 1 ST RESPONDENT BY 6 TH RESPONDENT