Kerala High Court
Jomon Sebastian vs Assistant Labour Officer on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(C) NO. 13067 OF 2023
PETITIONERS:
1 JOMON SEBASTIAN,
AGED 37 YEARS
EANAYE HOUSE, MANJAPRA P.O,
NADAMURY, ERNAKULAM,
PIN - 683 581.
2 ABDUL MANAF P.P
AGED 26 YEARS
KALATHUMPADIKKAL, THIRUMITTACODE P.O,
PALAKKAD, PIN - 679 533.
3 MUHAMMED IRFAN
AGED 19 YEARS
MADATHIL PARAMBIL, AROOR,
ALAPPUZHA, PIN - 688 534.
4 PRATAP LAMA
AGED 41 YEARS
NEW LANE, BANDAPANI TEA GARDEN,
ALIPURDUAR, WEST BENGAL,
PIN - 735 204.
5 AJABULMANDAL
AGED 21 YEARS
KANTABARI, KAJIPARA, MURSHIDABAD,
WEST BENGAL, PIN - 742 306.
6 MANGALAM LAKSHMI
AGED 45 YEARS
KADAVIL PARAMBIL, AROOR,
ALAPPUZHA, PIN - 688 534.
7 SEBASTIAN
AGED 50 YEARS
VADAKKELAN ANAPPARA, THURAVOOR,
MANJAPRA, ERNAKULAM, PIN - 683 581.
8 KOYAMON P.K
AGED 54 YEARS
PADANNA KALATHIL HOUSE,
THALAKKULATHUR,
KOZHIKODE, PIN - 673 317.
9 SANJAY THAPA
AGED 28 YEARS
BANDAPANI TEA GARDEN, BANDAPANI,
JALPAIGURI, WEST BENGAL,
PIN - 735 204.
10 SEWA TAMANG
WP(C) NOS.13067 & 13978 OF 2023
2
AGED 38 YEARS
NEW LANE, BIRPADA - NO.2,
JAIPAIGURI, WEST BENGAL,
PIN - 735 204.
11 THANZEER K.M
AGED 33 YEARS
KARIAPPALLIPARAMBU HOUSE, NETTOOR P.O,
ERNAKULAM, PIN - 682 040.
12 RIJU R
AGED 33 YEARS
ASARIPARAMBIL HOUSE, PALLURUTHY,
ERNAKULAM, PIN - 682 006.
13 NOUSHAD K.S
AGED 47 YEARS
KANDATHIL, PATTANAKKAD, CHERTHALA,
ALAPPUZHA, PIN - 688 531.
14 NISAR
AGED 42 YEARS
VELIYIL, THYCKAL PO, CHERTHALA SOUTH,
ALAPPUZHA, PIN - 688 530.
15 ISMAIL P.I.,
AGED 43 YEARS
KANNAMMURIPARAMBU HOUSE,
POTTAKUZHY - MAMANGALAM CROSS ROAD,
ELAMAKKARA, ERNAKULAM, PIN - 682 026.
16 SANJAY THAPA MANGAR
AGED 35 YEARS
BANDAPANI TEA GARDEN, BIRPARA,
JAIPAIGURI, WEST BENGAL,
PIN - 735 204.
17 CHHATTHU
AGED 35 YEARS, NO.501, DUDHI,
TAMAKUHIRAJ, KUSHINAGAR, UTTAR PRADESH,
PIN - 274 302.
18 ISADIN BAITHA
AGED 49 YEARS
HOUSE NO.131, GHOGHA, WEST CHAMPARAN,
BIHAR, PIN - 855 450.
19 ARUN M.C
AGED 42 YEARS
MOOTHEDATH, COLONY NETTOOR,
ERNAKULAM, PIN - 682 040.
20 SUBASH V.K
AGED 32 YEARS
VIRIPPIL, CHANDNAKAVALA, MARYGIRI P.O,
KATTAPPANA, IDUKKI, PIN - 685 515.
WP(C) NOS.13067 & 13978 OF 2023
3
21 CYRIL C.SUNNY
AGED 36 YEARS, EDATHIL, VAIKOM,
ULLALA, THALAYAZHAM, KOTTAYAM,
PIN - 686 607.
22 MOHAMMED RIYAS
AGED 27 YEARS
NEDUMPILLI VEEDU, CHALIKKAVATTOM,
NEAR JAUMAMASJID, VENNALA P.O,
ERNAKULAM, PIN - 682 028.
23 NASIRUL HOQUE
AGED 23 YEARS
DHANEKHOWA, NAGAON, ASSAM,
PIN - 782 143.
24 SHAFI P.A
AGED 52 YEARS
PLAKAPPILLY HOUSE, SHANTHI NAGAR,
CHAKKARAPARAMB, ERNAKULAM,
PIN - 682 026.
25 MAJEED
AGED 42 YEARS
NO.17/410, KANELY HOUSE, PURAKKELI ROAD,
NETTOOR, ERNAKULAM, PIN - 682 040.
26 NASAR M.S
AGED 53 YEARS
MANNARATHARA HOUSE, PANAPPARAMBU P.O,
CHEPPANAM, KUMBALAM, ERNAKULAM,
PIN - 682 506.
27 ZIYAD
AGED 53 YEARS
KANIYAMPARAMB, VADACODE P.O,
KANGARAPPADY, ERNAKULAM,
PIN - 682 021.
28 MOKBUL HUSSAIN
AGED 24 YEARS
SCHOOL HANG TANG, NAGAON, SALANA,
ASSAM, PIN - 782 139.
29 SARATH B.
AGED 29 YEARS
SARATH BHAVAN, KALANJOOR,
PATHANAMTHITTA, PIN - 689 694.
30 NIVIN KUMAR
AGED 23 YEARS
WARD NO.01, DHANA BASA, DURGAPUR,
MADHEPURA, BIHAR, PIN - 852 116.
31 JAHANGIR ALAM
AGED 24 YEARS
EKBAMA SIMLA, BETAHEAEK BAMA,
WP(C) NOS.13067 & 13978 OF 2023
4
RATUA II MALDA, WEST BENGAL,
PIN - 732 204.
BY ADVS.
VINAY KUMAR VARMA
S.SHYAM
N.K.KARNIS
V.K.BALACHANDRAN
RESPONDENTS:
1 ASSISTANT LABOUR OFFICER,
ERNAKULAM FIRST CIRCLE,
KAKKANAD,
KOCHI, PIN - 682 030.
2 KERALA HEAD LOAD WORKERS' WELFARE FUND BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
SRM ROAD, ERNAKULAM,
KOCHI, PIN - 682 018.
3 THE ERNAKULAM DISTRICT COMMITTEE OF KERALA HEAD LOAD
WORKERS' WELFARE FUND BOARD
REPRESENTED BY ITS CHAIRMAN,
KUMMANCHERRY BUILDING, T.D. ROAD,
ERNAKULAM, KOCHI, PIN - 682 035.
4 KERALA HEAD LOAD WELFARE FUND BOARD
SUB OFFICE THRIPUNITHURA, PLAKUZHY BUILDING,
HILLS PALACE ROAD, CHATHARI,
THRIPUNITHURA - 682 301,
REPRESENTED BY ITS CHAIRMAN.
5 MARADU MARKET TRADERS ASSOCIATION
REG.NO.ER-391/08
REPRESENTED BY ITS PRESIDENT, ROOM NO.A/1,
A U W MARKET, NETTOOR P.O,
KOCHI, PIN - 682 040.
6 SAJU PAPPACHAN
NATIONAL BANANA, 23/261, MARKET,
NETTOOR P.O, KOCHI, PIN - 682 040.
7 SIBIL RAJ. C.S
CORIS TRADING COMPANY, ROOM NO.6,
A U W MARKET, NETTOOR P.O,
KOCHI, PIN - 682 040.
8 NISHAD, M.M VEGETABLES, A U W MARKET,
NETTOOR P.O, KOCHI, PIN - 682 040.
9 DISTRICT LABOUR OFFICER
KAKKANAD, KOCHI, PIN - 682 030.
WP(C) NOS.13067 & 13978 OF 2023
5
*ADDL. BIJU K. B,
R10 POOL LEADER OF POOL NO.10 NETTOOR POOL,
S/O. BABU K.S,
AGED 32 YEARS,
KANNOTH PARAMBU,
NETTOOR P. O,
ERNAKULAM - 682 040
*IS IMPLEADED AS ADDL.R10 VIDE ORDER DATED 24.05.2023
IN IA 1/23.
*ADDL. POOL NO.9,
R11 HEAD LOAD AND GENERAL WORKERS UNION (CITU),
URBAN WHOLESALE MARKET,
MARADU MUNICIPALITY,
ERNAKULAM DISTRICT - 682 304,
REPRESENTED BY ITS CONVENER,
M.B. RAJESH KUMAR,
AGED 47 YEARS,
S/O. BHASKARAN,
MANDATHARA HOUSE,
MARADU P.O.,
ERNAKULAM DISTRICT - 682 304
*IS IMPLEADED AS ADDL.R11 VIDE ORDER DATED 24-05-2023
IN IA 3/23.
R2 - R4 - SRI.K.S.ARUN KUMAR
SAJI VARGHESE
C.S.AJITH PRAKASH
V.P.PRASAD
T.K.DEVARAJAN
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
GOURI KAILASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.05.2024, ALONG WITH WP(C).13978/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS.13067 & 13978 OF 2023
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(C) NO. 13978 OF 2023
PETITIONERS:
1 LAKHYA DIHINGIA,
AGED 21 YEARS
THARALIPATHAR, NILAKH, BORBAMGAON,
DHEMAJI, ASSAM - 786 110.
2 RAJIB BHUYAN
AGED 23 YEARS
BIJOYPURGAON, DHODANG CHAPORI,
JORHAT, ASSAM, PIN - 785 104.
3 RAHIM ALI
AGED 25 YEARS
HARAMJAR BAKSA, ASSAM, PIN - 781 346.
4 BHISHMA GOGAI
AGED 29 YEARS
NILAKH TARANI, PATHAR, NO:1, NILAKKONCHAGAON,
DHEMAJI, ASSAM, PIN - 786 110.
5 JAGIR HUSSAIN
AGED 35 YEARS
AMAGURI VILLAGE, P S KAMPUR, NAGAON,
ASSAM, PIN - 782 140.
6 SHAMIN SHAN P. E
AGED 28 YEARS
NAAS VILLA, T C ROAD, CHIRAKKARA P.O.,
KANNUR, PIN - 670 104.
7 ANWAR HUSSAIN
AGED 25 YEARS
35-BARPUTIA, KAPILIKAN, ISLAMNAGAR,
JAMUNAMUKH, NAGAON, ASSAM, PIN - 782 428.
8 TAHER ALI
AGED 30 YEARS
RAJAALI, JURIPAR, KAMPUR, SUB DIVN. NAGAON,
ASSAM, PIN - 782 426.
9 MUHAMMED JAVAD T.
AGED 25 YEARS
PAMBERY HOUSE, MOKERY,
KANNUR, PIN - 670 692.
10 SHIJEESH C
WP(C) NOS.13067 & 13978 OF 2023
7
AGED 31 YEARS
PINNAKKADAVIDA, CHAMPAD PO.,
MOKERI, KANNUR, PIN - 670 694.
11 SADDAM HUSSAIN
AGED 24 YEARS, ICHLAM NAGAR, BORPALIA,
NAGAON, JAMUNAMUKH, ASSAM,
PIN - 782 428.
12 RAMTULLAH MIYAN
AGED 33 YEARS
KAWILASAWA, GHOGHA, WEST CHEMPARAN,
BIHAR, PIN - 845 449.
13 SIVRAJ MANGAR
AGED 30 YEARS
BUNDAPANI, BANDAPANI, TEA GARDEN,
WEST BENGAL, PIN - 735 204.
14 BESTO THOMAS
AGED 32 YEARS
KOLATTUKUDY HOUSE, VADAKKUMBHAGAM,
MANJAPARA, ERNAKULAM, PIN - 683 581.
15 JIAUR RAHMAN
AGED 40 YEARS
RAMANIPATHAR, JUNPAR, NAGAONKAMPUR,
ASSAM, PIN - 782 426.
16 MOKTAR HUSSAIN
AGED 20 YEARS
KANDAPARA, KACHUA NO.1,NAGAON,
ASSAM, PIN - 782 426.
17 AZAHAR UDDIN
AGED 20 YEARS
PHOLIAMARI, PATHAR, MARIGAON,
ASSAM, PIN - 782 127.
18 BADANUL ISLAM
AGED 35 YEARS
MAYONG, GAGALMARI, MARIGAON,
ASSAM, PIN - 782 121.
19 SAIDALI J.
AGED 25 YEARS
MALIYAKKAL HOUSE, PONNARIMANGALAM,
MULAVUKAD, ERNAKULAM, PIN - 682 504.
20 KIRAN TAMANG
AGED 27 YEARS
BUNDAPANI, BANDAPANI, TEA GARDEN,
BIRPARA, JALPAIGURI, WEST BENGAL,
PIN - 735 204.
21 BASANT THAPA
AGED 40 YEARS
WP(C) NOS.13067 & 13978 OF 2023
8
NEW PAKKA LINE, BUNDAPANI, BANDAPANI,
TEA GARDEN, JALPAIGURI, WEST BENGAL,
PIN - 735 204.
22 SHEREEF M. H
AGED 50 YEARS
MARACKAMPARAMBU, NIKERTH
AROOR, PIN - 688 534.
23 MUJAKIR ALI
AGED 20 YEARS
DHANEKHPWA, NAGAON, BHOMORAGURI,
ASSAM - 782 143.
24 SIJU V.K
AGED 47 YEARS
NEELAKANDAN THITTAYIL HOUSE, DHANYA ROAD,
NETTOOR, ERNAKULAM, PIN - 682 040.
25 SANJU BARASKAR
AGED 33 YEARS
MAJARWANI, BETUL, BHAINSDEHI,
MADHYA PRADESH, PIN - 460 220.
26 SATISH PIPARDE
AGED 34 YEARS
MAJARWANI, BETUL, BHAINSDEHI,
MADHYA PRADESH, PIN - 460 220.
27 RANJAN ROY
AGED 25 YEARS
MANDIR MOWAMARI, KUNHIMARI,
NAGAON, ASSAM, PIN - 782 143.
28 SUBAIR,
AGED 58 YEARS
MEENKUZHI, NIKARTH, NADUVATH NAGAR P.O,
AROOKUTTY, ALAPPUZHA, PIN - 688 535.
29 RAMKISHOR BARASKAR
AGED 32 YEARS
MAJARWANI, BETUL, BHAINSDEHI,
MADHYA PRADESH, PIN - 460 220.
30 KIRAN TAMANG
AGED 30 YEARS
BANDAPANI TEA GARDEN, BIRPARA,
JALPAIGURI, WEST BENGAL - 735 204.
31 MANTOO KUMAR PURI
AGED 26 YEARS
GUDGUDI, WEST CHAMPARAN,
BIHAR, PIN - 845 106.
32 JABIR M.
AGED 37 YEARS
MUKKAD, VELIYABRA P.O, MATTANNUR,
WP(C) NOS.13067 & 13978 OF 2023
9
KANNUR, PIN - 670 702.
33 TAFAJUL HUSSAIN
AGED 24 YEARS
MADHABPARA, JURIPAR, NAGAON, KAMPUR,
ASSAM, PIN - 782 426.
34 SURAJ KUMAR
AGED 20 YEARS
KIRHINDI, PO-KIRHINDI, SHEOSAGAR,
ROHTAS, BIHAR,
PIN - 821 111.
35 MERAJUL S. K
AGED 24 YEARS
NATIAL MASJIDPARA, JALANGI,
MURSHIDABAD,
WEST BENGAL, PIN - 742 308.
36 RAHUL MANDAL
AGED 22 YEARS
NATIAL MARJIDPARA, JALAGI, MURSHIDABAD,
WEST BENGAL - 742 308.
37 MOSTAKIN MONDAL
AGED 28 YEARS
NATIAL, JALANGI, MURSHIDABAD,
WEST BENGAL - 742 308.
38 PRASAD THAPA
AGED 46 YEARS
BANDAPANI TEA GARDEN, JALPAIGURI,
BIRPARA, WEST BENGAL, PIN - 735 204.
39 MANOJ THAPA
AGED 40 YEARS
BANDAPANI, TEA GARDEN, JALPAIGURI,
BIRPARA, WEST BENGAL, PIN - 735 204.
40 DARSAN BHUJEL
AGED 30 YEARS
UPPER LINE, BANDAPANI, BIRPARA TEA GARDEN,
JALPAIGURI, WEST BENGAL, PIN - 735 204.
41 PABAN MANGAR
AGED 34 YEARS
NEW LINE, JAY BIRPARA, TEA GARDEN,
JALPAIGURI, WEST BENGAL, PIN - 735 204.
42 ANSAR K.S
AGED 42 YEARS
KILIPARABU, NETTOOR P.O, MARADU,
ERNAKULAM, PIN - 682 040.
43 SAJEER P.K
AGED 35 YEARS
POKKALIL CHANDIROOR, EZHUPUNNA,
WP(C) NOS.13067 & 13978 OF 2023
10
ALAPPUZHA, PIN - 688 537.
44 ANURAG THAPA
AGED 21 YEARS
NEW PAKA LINE, BANDAPANI TEA GARDEN,
JALPAIGURI, WEST BENGAL, PIN - 735 204.
45 ABDULLA
AGED 21 YEARS
UJANMARI, SIMALUGURI, NAGAON, KAMPUR,
ASSAM, PIN - 782 426.
46 IBRAHIM KUTTY VAYALOATH
AGED 48 YEARS
VAYALPATH HOUSE, PAYANGADI, SREEKANDAPURAM,
KANNUR, PIN - 670 631.
47 MURSHID HOSSAIN MOLLA
AGED 34 YEARS
NATUN DIGREE, NABIPUR, MUSHIDABAD,
WEST BENGAL, PIN - 742 308.
48 ANTONY FRANCIS C.
AGED 52 YEARS
CHERUPULLY PARAMBU HOUSE, MARADU,
NETTOOR P.O, ERNAKULAM,
PIN - 682 040.
49 MUHAMMED JABIR K. P
AGED 25 YEARS
MASJID FLAT, KANNANCHERY P.O,
KALLAI,
KOZHIKODE, PIN - 673 002.
50 NITISH KUMAR
AGED 24 YEARS
LALI TOLA, AURAHI, MADHEPURA,
BIHAR - 852 116.
51 TABJUL ALI
AGED 25 YEARS
NO.88 HERAMJAR, BARAMA, MADHAPUR,
L ALAGJAR, BAKSA, ASSAM, PIN - 781 346.
52 UMESH CHOUDHARI
AGED 50 YEARS
WARD NO.2, LALI TOLA POST, AURAHI,
MADHEPURA, BIHAR, PIN - 852 116.
53 BIDHAN DARJEE
AGED 30 YEARS
CHHOTO LINE, BIRPARA, JALPAIGURI,
WEST BENGAL, PIN - 735 204.
54 A. H. FATHAH MUHAMMED
AGED 21 YEARS
KANAVATH HOUSE, KANAVATH ROAD,
WP(C) NOS.13067 & 13978 OF 2023
11
VTC NETTOOR S.O., ERNAKULAM - 682 040.
55 KARAN THAPA
AGED 22 YEARS
NEW PAKA LINE, BANDAPANI TEA GARDEN,
JALPAIGURI, WEST BENGAL, PIN - 735 204.
56 MONTU HAZARIKA
AGED 36 YEARS
AKAAGELUBA FAON, SILAPATHAR, DHEMAJI,
ASSAM, PIN - 786 110.
57 BINUD PATAR
AGED 27 YEARS
143, JAJARI, NAGAON, ASSAM,
PIN - 782 142.
58 AJAY THAPA
AGED 30 YEARS
BANDAPANI TEA GARDEN BUNDAPANI,
JALPAIGURI, WEST BENGAL, PIN - 735 204.
59 CHEBANG TAMANG
AGED 26 YEARS
TEA GERDEN BANDAPANI, DIANA JALPAIGURI,
WEST BENGAL, PIN - 735 204.
60 K.Y. SHIYAS
AGED 44 YEARS
KULANGARAPARAMBU, JUBILEE ROAD,
THAMMANAM S.O., ERNAKULAM, PIN - 682 032.
61 SAFIKUL SEKH
AGED 35 YEARS
JANNAGAR, KANAINAGAR, TEHATTA, NAZIRPUR,
WEST BENGAL, PIN - 741 165.
62 SHANAVAS M.
AGED 42 YEARS
K.M. MANZIL, ANATHAMKODE, KALAM,
THATHAMANGALAM P.O,
PATTANCHERY,
CHITTUR, PALAKKAD - 678 101.
63 DHANBAHADUR RAI
AGED 48 YEARS
BIRPARA TEA GARDEN, JALPAIGURI,
WEST BENGAL, PIN - 735 204.
64 ABDUL MANAF P.P
AGED 32 YEARS
PANTHAPILAKKAL HOUSE,
TRIKKALANGODE P.O,
MANJERI, MALAPPURAM - 676 127.
65 RAJIV SHARMA
AGED 36 YEARS
WP(C) NOS.13067 & 13978 OF 2023
12
NO.4, SOBHA, NATHPUR, BHAWANIPUR,
RAJDHAM, BIHAR, PIN - 854 204.
66 SAIDUL ISLAM
AGED 26 YEARS
NO.27, BENGENA ATIPATH,
NEAR MASJID,
NAGAON, CHOTTAHAIBOR,
ASSAM, PIN - 782 003.
67 RASIDUL HAQUE
AGED 24 YEARS
REKAPAHAR, NAGAON, SALANA,
ASSAM, PIN - 782 139.
68 AMIR HUSSAIN
AGED 23 YEARS
HATIGAON, T E NO.4,
MISSA, NAGAON,
KALIABOR, ASSAM, PIN - 782 138.
69 SALIM V.M
AGED 58 YEARS
SAJANA MANSIL, VYASAPURAM,
KUMBALAM,
ERNAKULAM, PIN - 682 506.
70 AVISEK BISWAKARMA
AGED 29 YEARS
BANDAPANI TEA GARDEN, JALPAIGURI,
WEST BENGAL, PIN - 735 204.
71 ARJUN LAMA
AGED 37 YEARS
WAYBABUSTY, BANDAPANI,
JALPAIGURI,
WEST BENGAL, PIN - 735 204.
72 SUBHASH TAMANG
AGED 52 YEARS
NEPALI LANE, BIRPARA, NO.32,
JALPAIGURI,
WEST BENGAL, PIN - 735 204.
73 ASHIB ALI
AGED 20 YEARS
NH 38 ROAD, NEAR L.P. SCHOOL,
SARDAR GAON, NAGAON,
ASSAM - 782 440.
74 ABDUL LATHEEF
AGED 35 YEARS
MADATHIPPARAMBIL HOUSE,
AMMU SAHIB LANE,
DESHABHIMANI ROAD,
KALOOR,
WP(C) NOS.13067 & 13978 OF 2023
13
PIN - 682 017.
75 SHIJU K.P
AGED 36 YEARS
KUTTIPPALAKKAL HOUSE, VANIYAMKULAM -1,
PALAKKAD, KERALA, PIN - 679 523.
76 LAMA TILAK
AGED 46 YEARS
NEPALI LINE, BIRPARA, NO.2,
BIRPARA, TEA GARDEN,
JALPAIGURI,
WEST BENGAL, PIN - 735 204.
77 RIYAS HUSSAIN
AGED 40 YEARS
AMBALATH HOUSE, NANGARATHU LANE,
NETTOOR, ERNAKULAM, PIN - 682 040.
78 TIJI
AGED 47 YEARS
PUTHUPARAMBIL, RAJAMUDI, APPUTHODE,
IDUKKI, PIN - 685 604.
79 BIKKI THAPA
AGED 30 YEARS
NEW PAKA LINE, BANDAPANI TEA GARDEN,
JALPAIGURI, WEST BENGAL,
PIN - 735 204.
80 NAR BAHADUR CHHETRI
AGED 48 YEARS
NEPALI LINE, BUNDAPANI,
MADARIHAT,
WEST BENGAL, PIN - 735 204.
81 NUMAL RAMCHIYARI
AGED 31 YEARS
JANAKALYAN, P. S SILAPATHAR,
DHEMAJI, ASSAM, PIN - 787 110.
82 OMPRAKASH DHOTE
AGED 29 YEARS
GOREGAON AMAL, BETUL,
MADHYA PRADESH, PIN - 460 225.
83 RAKIBUL ALI
AGED 30 YEARS
MOJJID, IANGLCHOOH, KUWARITOL,
NAGAON, ASSAM, PIN - 782 137.
84 NIRAJ TAMANG
AGED 27 YEARS
GUMBA LINE, BUNDAPANI,
BANDAPANI TEA GARDEN,
WEST BENGAL, PIN - 735 204.
WP(C) NOS.13067 & 13978 OF 2023
14
85 ASADUL ISLAM
AGED 38 YEARS
KHARONI DAPARA, KACHUA,
NAGAON,
ASSAM, PIN - 782137
86 A.A. ABDUL GAFOOR
AGED 53 YEARS
CALVATHY, FORT KOCHI,
ERNAKULAM,
KERALA, PIN - 682 001.
87 ASHNAZ K.A
AGED 38 YEARS
ANDIYACHARI ROAD, KAPPALANDIMUKKU,
MATTANCHERY, ERNAKULAM,
PIN - 682 002.
88 RANTU DUTTA
AGED 30 YEARS
KHEREMA GAON, BORHOLLA,
GRANT, JORHAT, ASSAM,
PIN - 785 631.
89 NASIR UDDIN
AGED 23 YEARS
DAPRA, BARPANI, LONGIUP, PADUMONI,
ASSAM, PIN - 782 450.
90 ANOOP THANKAPPAN
AGED 38 YEARS
KATTUPARAMPIL, KOLLAMULA,
PATHANAMTHITTA, KERALA,
PIN - 686 510.
91 JAFAR ALI K
AGED 35 YEARS
MUTHUKUNNI, AYILOOR, PALAKKAD,
KERALA, PIN - 678 510.
92 IQBAL K.J
AGED 52 YEARS
KATTILPARAMBU, VALUMMEL ROAD,
CONVENT ROAD, THOPPUMPADY,
ERNAKULAM, PIN - 682 005.
93 NASMUDHEEN P.A
AGED 35 YEARS
PUTHUVALPURAYIDATHIL, EDAYAKUNNAM,
CHITTOOR, ERNAKULAM,
KERALA, PIN - 682 027.
94 ASHIK LAMA
AGED 30 YEARS
NEW LINE, JAYBIRPARA TEA GARDEN,
JALPAIGURI, WEST BENGAL,
WP(C) NOS.13067 & 13978 OF 2023
15
PIN - 735 204.
95 AKIBUR RAHMAN
AGED 29 YEARS
L.P. SCHOOL DHANEKHOWA, NAGAON,
BHOMORAGUR, ASSAM,
PIN - 782 143.
96 AMRADUL ISLAM
AGED 25 YEARS
PUB SALPARA, PUBSALPARA, NAGAON,
ASSAM, PIN - 782 125.
97 ANAR HUSSAIN
AGED 37 YEARS
NO.9, KHERANI, DAPARA, NAGAON,
ASSAM - 782 428.
98 KUSHAL LAMA
AGED 28 YEARS
BANDAPANI, TEA GARDEN, JALPAGURI,
WEST BENGAL, PIN - 735 204.
99 ABHINASH TAMANG
AGED 36 YEARS
BIRPARA, BUNDAPANI, JALPIGURI,
WEST BENGAL, PIN - 735 204.
100 AFROJ ALAM
AGED 32 YEARS
KABLESWA, GHOGHA, WEST CHAMPARAN,
BIHAR, PIN - 845 449.
101 HANIF S.K
AGED 40 YEARS
NATIAL, JALANGI MURSHIDABAD,
WEST BENGAL, PIN - 742 308.
102 SOHEL S.K.
AGED 22 YEARS
NATIL, MURSHIDABAD, WEST BENGAL,
PIN - 742 308.
103 ANISUR ALAM
AGED 35 YEARS
NATIAL, JALANGI, MURSHIDABAD,
WEST BENGAL, PIN - 742 308.
104 TANKESWAR SAIKIA
AGED 30 YEARS
NILAKHKUNCH GAON, NO.2 NILAKHKONCH GAON,
DHEMAJI, ASSAM, PIN - 786 110.
105 DULAL BORA
AGED 47 YEARS
NILAKH TARANIPATHAR, P. S SILAPATHAR,
DHEMAJI, ASSAM, PIN - 787 061.
WP(C) NOS.13067 & 13978 OF 2023
16
106 NAYAN LALUNG
AGED 23 YEARS
SILAPATHAR, NO.2, BAIJANTIPUR,
DHEMAJI, ASSAM, PIN - 786 110.
107 MONTU PHUKAN
AGED 24 YEARS
SRIPANI AHOMGAON, P. S SILAPATHAR,
ASSAM, PIN - 780 110.
108 NISAMUDEEN M.M
AGED 43 YEARS
MULAKKARA HOUSE, NETTOOR,
ERNAKULAM, PIN - 682 040.
109 AJIJUL HAMID
AGED 30 YEARS
LANGICHUK, P. S KALIABOR,
KOLIABOR, PIN - 782 107.
110 SALIM MUHAMMED
AGED 47 YEARS
KANAPARAMBIL, VALIAKANDAM, MULLARIGADU,
IDUKKI, KERALA, PIN - 685 582.
111 KEROBIN
AGED 24 YEARS
KHALKO, JAGLIKUTHI,
BANDAPANI TEA GARDEN,
JALPAIGURI, WEST BENGAL,
PIN - 735 204.
112 GOUR CHANDRA MANDAL
AGED 44 YEARS
SADIKHANS DEARH, MURSHIDABAD,
WEST BENGAL, PIN - 742 303.
113 ANSUR
AGED 40 YEARS
DAKSHIN NUNSITOLA, PURBBA HOSEBABAD,
MOTHABARI, MAIDA, WEST BENGAL,
PIN - 732 207.
114 MAJIBUR RAHMAN
AGED 38 YEARS
TANG GAON, SALANA, ASSAM,
PIN - 782 139.
115 FAISAL
AGED 38 YEARS
POOKODAN HOUSE, PUNNAKKADU,
KARUVARAKUNDU P.O, MALAPPURAM,
PIN - 676 523.
116 MUHAMMED NIZAMUDEEN T.N.
AGED 24 YEARS
NO.44/1584a, THATTANPARAMBU HOUSE,
WP(C) NOS.13067 & 13978 OF 2023
17
KUTHAPPADY, THAMMANAM,
ERNAKULAM, PIN - 682 030.
117 MAHENDRA PRADHAN
AGED 43 YEARS
UTTAR SHALBARI, PURBA DURAMARI,
JALPAIGURI, WEST BENGAL,
PIN - 735 233.
118 SUJIT THAPA
AGED 29 YEARS
BUNDAPANI TEA GARDEN, JALPAGURI,
WEST BENGAL, PIN - 735 204.
119 KALU LAMA
AGED 35 YEARS
NEW LINE JAY BIRPARA, TEA GARDEN,
JALPAIGURI, WEST BENGAL,
PIN - 735 204.
120 SOHEL S.K
AGED 30 YEARS
NATUN, NABIPUR MURSHIDABAD,
WEST BENGAL - 742 308.
121 SIVAN E.C
AGED 35 YEARS
EDAPPARA HOUSE, AIMURY P.O,
VENGOOR WEST, KOOVAPPADY,
ERNAKULAM, PIN - 683 544.
122 SHAMEER K.,
AGED 23 YEARS
KARIMKUNNATH, VANIVILASINI,
CHUNANGAD P.O, PALAKKAD,
PIN - 679 511.
123 NAZAR V.M.,
AGED 51 YEARS
VALIYAPARAMBIL, PANANGAD,
KUMBALAM, ERNAKULAM, PIN - 682 056.
124 ANARUL BAITHA
AGED 24 YEARS
KABILASWA, GHOGHA P.O,
WEST CHAMBARAN, BIHAR,
PIN - 845 449.
125 SANDIP MAHALI
AGED 35 YEARS
TEA GARDEN, NO.356 BANARHAT,
JALPAIGURI, WEST BENGAL,
PIN - 735 202.
BY ADVS.
VINAY KUMAR VARMA
WP(C) NOS.13067 & 13978 OF 2023
18
S.SHYAM
N.K.KARNIS
V.K.BALACHANDRAN
RESPONDENTS:
1 ASSISTANT LABOUR OFFICER,
ERNAKULAM FIRST CIRCLE,
KAKKANAD, KOCHI - 682 030.
2 KERALA HEAD LOAD WORKERS' WELFARE FUND BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
SRM ROAD, ERNAKULAM,
KOCHI, PIN - 682 018.
3 THE ERNAKULAM DISTRICT COMMITTEE OF KERALA HEAD LOAD
WORKERS' WELFARE FUND BOARD
REPRESENTED BY ITS CHAIRMAN,
KUMMANCHERRY BUILDING, T.D. ROAD,
ERNAKULAM, KOCHI, PIN - 682 035.
4 KERALA HEAD LOAD WELFARE FUND BOARD,
SUB OFFICE THRIPUNITHURA,
PLAKUZHY BUILDING, HILLS PALACE ROAD,
CHATHARI, THRIPUNITHURA,
REPRESENTED BY ITS CHAIRMAN,
PIN - 682 301.
5 MARADU MARKET TRADERS ASSOCIATION
REG.NO.ER-391/08
REPRESENTED BY ITS PRESIDENT,
ROOM NO.A/1, A U W MARKET,
NETTOOR P.O, KOCHI,
PIN - 682 040.
6 ABDUL WAHAB,
PROPRIETOR, A K M FRUITS, ROOM NO.G/C,
23/397, A U W MARKET,
NETTOOR P. O,
KOCHI, PIN - 682 040.
7 ABDUL NASSAR P.E
PROPRIETOR, INDIAN FRUITS,
ROOM NO.G/16, 23/344, A U W MARKET,
NETTOOR P.O, KOCHI,
PIN - 682 040.
8 THOMAS
PROPRIETOR, ROOM NO.P4/41-42,
23/364, A U W MARKET, NETTOOR P.O,
KOCHI, PIN - 682 040.
9 DISTRICT LABOUR OFFICER
WP(C) NOS.13067 & 13978 OF 2023
19
KAKKANAD, KOCHI, PIN - 682 030.
*ADDL. BIJU K B,
R10 POOL LEADER OF POOL NO.10 NETTOOR POOL
S/O. BABU K.S, AGED 32 YEARS,
KANNOTH PARAMBU, NETTOOR P. O,
ERNAKULAM - 682 040
*ADDL.R10 IS IMPLEADED AS PER ORDER DATED 24.05.2023 IN
I.A-1/2023 IN WP(C) 13978/2023.
*ADDL. JAISON P J, AGED 48 YEARS
R11 S/O. JOHN, PULIKKAL HOUSE,
NEAR MUANANI JUNCTION,
PALA (P.O), KOTTAYAM DISTRICT
PIN - 686 574.
*ADDL.R11 IS IMPLEADED AS PER ORDER DATED10.05.2024 IN
I.A-3/2023 IN WP(C) 13978/2023.
*ADDL. THE POOL NO.9 ( SOUGHT TO BE IMPLEADED )
R12 HEAD LOAD AND GENERAL WORKERS UNION (CITU), URBAN
WHOLESALE MARKET, MARADU MUNICIPALITY, ERNAKULAM
DISTRICT - 682304, REPRESENTED BY ITS CONVENER, M.B.
RAJESH KUMAR, AGED 47 YEARS, S/O BHASKARAN, MANDATHARA
HOUSE, MARADU P.O., ERNAKULAM DISTRICT ( SOUGHT TO BE
IMPLEADED )
BY ADVS.
K.S.ARUN KUMAR
SAJI VARGHESE
C.S.AJITH PRAKASH
T.U.ZIYAD
PRASAD
T.K.DEVARAJAN
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
GOURI KAILASH
K.B.ARUNKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.05.2024, ALONG WITH WP(C).13067/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS.13067 & 13978 OF 2023
20
JUDGMENT
Since common questions arise for consideration in these
writ petitions, they are disposed of by this common judgment.
The status of the parties and the documents produced will be
as obtaining in W.P.(C) No.13978 of 2023, unless specifically
mentioned.
2. The petitioners in these writ petitions are headload
workers employed in shops located at Agricultural Urban
Wholesale Market, Maradu (for short, 'Wholesale Market').
The Wholesale Market was established pursuant to an
agreement entered into by the European Economic
Communities (E.E.C) and the Republic of India on
30.03.1989, aimed at establishing agricultural markets in
Kerala with grant from E.E.C. The Wholesale Market is
administered by Urban Wholesale Market Authority
constituted by the Government of Kerala and the District
WP(C) NOS.13067 & 13978 OF 2023
Collector, Ernakulam is the Chairman of the Authority. The
stalls in the Wholesale Market were allocated to traders on
tender cum auction basis. There are 137 stalls and several
traders in the Wholesale Market. The 1 st respondent, the
Assistant Labour Officer, is the registering authority of
headload workers under the Kerala Headload Workers Rules,
1981 (for short, 'the Rules') and the 9th respondent District
Labour Officer is the appellate authority. Respondents 2 to 4
are authorities under the Kerala Headload Workers' Welfare
Fund Board. The 5th respondent is an association of traders
and respondents 6 to 8 are traders, in the Wholesale Market.
The additional 10th respondent is the pool leader of pool No.
10, Nettoor area, Maradu Municipality, who got himself
impleaded in the writ petitions.
3. The petitioners state that they are employed as
headload workers by the traders in their respective stalls in
the Wholesale Market. As per G.O (Rt.) No.1249/2003/LBR
WP(C) NOS.13067 & 13978 OF 2023
issued under Section 5 of the Kerala Loading and Unloading
(Regulation of Wages and Restriction of Unlawful Practices)
Act, 2002 (since repealed by Kerala Headload Workers
(Amendment) Act, 2008), the traders in the market were
exempted from the obligation to provide work to unattached
registered headload workers. Section 5 of the repealed Act,
2002 provides as follows:-
"5. Employment of workers for non-domestic
purposes.- Notwithstanding anything contained in the
Kerala Head Load Workers Act, 1978 (Act 20 of 1980) or
the schemes made thereunder, an employer shall have
the right to carry out loading and unloading work for
non-domestic purposes either by himself or by
employing the workers of his own choice in any
industrial park, export processing zone, industrial or
commercial area, tourism project area, agricultural
market as the Government may, by notification in the
Official Gazette, declare as such from time to time."
Even after the repeal of the Kerala Loading and Unloading
(Regulation of Wages and Restriction of Unlawful Practices)
Act, the traders in the Wholesale Market continued to employ
their attached headload workers. However, demands were
WP(C) NOS.13067 & 13978 OF 2023
later advanced by unattached registered headload workers,
known as pool workers, for employment in the business of
traders in the Wholesale Market. This led to litigations at the
instance of the 5th respondent Association and the trade
unions of pool workers employed by the Kerala Headload
Workers Welfare Fund Board. In the said circumstances, the
petitioners decided to get themselves registered as headload
workers under Rule 26A of the Rules. Accordingly, they
submitted individual applications for registration in Form IX
to the 1st respondent. Exts. P1 to P125 in W.P.(C) No.13978
of 2023 and Exts. P1 to P31 in W.P.(C) No.13067 of 2023 are
the copies of the Form IX applications.
4. Non-consideration of Exts. P1 to P125 applications for
registration constrained the petitioners in W.P.(C) No.13978
of 2023 to file W.P.(C) No.37246 of 2022 before this Court for
direction to the 1st respondent to consider and pass orders on
the applications expeditiously and to permit them to work till
WP(C) NOS.13067 & 13978 OF 2023
the applications are considered. This Court, by Ext. P126
judgment, directed the 1st respondent to dispose of the
applications for registration within a period of one month
from the date of receipt of copy of the said judgment after
affording an opportunity of hearing to the petitioners and all
other affected parties, in accordance with law.
5. Aggrieved by Ext. P126 to the extent it declined the
prayer to direct respondents 2 to 4 to refrain from deputing
headload workers in the Wholesale Market until the matter of
registration applied for in Exts. P1 to P125 is attained
finality, the petitioners preferred Writ Appeal No.1942 of
2022 and the Division Bench disposed of the Appeal by Ext.
P127 judgment observing that pending disposal of the
applications, status quo ought to be maintained in the matter
of headload work carried on by the petitioners in the market.
This Court directed that pending such registration, the
petitioners should be permitted to be employed or engaged
WP(C) NOS.13067 & 13978 OF 2023
to do headload work under the employer.
6. The 1st respondent, by Ext. P128 and similar orders,
dismissed Exts. P1 to P125 applications of the petitioners in
W.P.(C) No.13978 of 2023. Exts. P1 to P31 applications of the
petitioners in W.P.(C) No.13067 of 2023 were also rejected
by Ext. P32 produced in the said writ petition and similar
orders. The reasons for rejecting the applications of the
petitioners for registration are: (i) the area where the
Wholesale Market is situated is an area where the Kerala
Headload Workers (Regulation of Employment and Welfare)
Scheme, 1983 is implemented (ii) as per the directions of this
Court in the judgment in W.P.(C) No.18450 of 2015 (Ext.
P128(a)), pool workers are to be engaged for loading and
unloading works.
7. The petitioners challenged Ext. P128 and similar
orders before the 9th respondent, the appellate authority by
filing separate appeals under Rule 26C of the Rules. Ext.
WP(C) NOS.13067 & 13978 OF 2023
P129 is the appeal preferred by the petitioners 1 to 4 in
W.P(C) No.13978 of 2023 and Ext. P33 in W.P.(C)No.13067
of 2023 is the appeal preferred by the 2 nd petitioner therein.
The other petitioners also filed similar appeals. However, the
request of the petitioners for stay of operation of Exts. P128,
P32 and similar orders during the pendency of the appeal
was not considered by the 9th respondent. Accordingly, the
petitioners in W.P.(C) No.13978 of 2023 filed W.P.(C)
No.1694 of 2023 for direction to grant status quo as on the
date of the primary authority's orders. The said writ petition
was dismissed by judgment dated 16.01.2023 and the
petitioners preferred Writ Appeal No. 357 of 2023 which was
disposed of by Ext. P131 judgment directing the 9 th
respondent to dispose of Ext. P129 and similar appeals within
one month. Before the appellate authority, the pool leader of
pool No.10, the 10th respondent, got himself impleaded.
8. The 9th respondent rejected Ext. P129 and similar
WP(C) NOS.13067 & 13978 OF 2023
appeals filed by the petitioners in W.P.(C) No.13978 of 2023
by Exts. P132 to P180 orders dated 05.04.2023. Exts. P34 to
P53 are the orders passed by the 9th respondent rejecting
Ext. P33 and similar appeals preferred by the petitioners in
W.P(C) No.13067 of 2023. The appeals were rejected for the
reason that, in the light of Ext. P128(a) judgment which has
become final, the loading and unloading work in the market
has to be done by engaging pool workers. It is further stated
that as per the application for registration, the
establishments were engaging loading and unloading
workers only from 01.07.2022 and therefore it has to be
inferred that the loading and unloading works in the
establishments before the said date were done by pool
workers. To rebut the said inference, the employer has not
produced any records which the employer is liable to
maintain as per the directions in Raghavan v.
Superintendent of Police [1998 (2) KLT 732]. It is also
WP(C) NOS.13067 & 13978 OF 2023
stated that the registering authority need consider only
whether the petitioners are attached workers and whether
they are permitted to do the work by the employer. It is for
the employers to prove that the employees were working
from July, 2022 and that they are continuing in employment.
They have not produced any statutory records which they are
liable to maintain under the provisions of the Kerala Shops
and Commercial Establishments Act, 1960 or the Minimum
Wages Act, 1948. The appellate authority has further stated
that as per the decision in Raghavan (supra), even if the
petitioners are permanent employees in the establishment
and they are doing works other than loading and unloading,
they are entitled for registration only if it is proved that their
main job is the work of loading and unloading. It is stated
that the petitioners or the employers have not produced any
proof for the same. The appellate authority also observed
that, from the Form IX application and the wage-cum
WP(C) NOS.13067 & 13978 OF 2023
employment register produced by the employer, it is seen
that the signatures of the applicants differ and it is not
proved that the applicants themselves are the petitioners
before the authority and that it has to be inferred that the
records and registers have been prepared and produced only
for the purpose of obtaining registration. Accordingly, the
appellate authority refused to interfere with the order of the
registering authority rejecting the application of the
petitioners for registration.
9. W.P.(C) No.13978 of 2023 is filed challenging Exts.
P132 to P180 and W.P.(C) No.13067 of 2023 is filed
challenging Exts. P34 to P53 orders. The petitioners have
also prayed for direction to the 1 st respondent to allow their
applications under Rule 26A of the Rules and to restrain
respondents 2 to 4 from disturbing their work as attached
headload workers of their employers in the market.
10. The orders of the registering authority as well as
WP(C) NOS.13067 & 13978 OF 2023
the appellate authority are challenged before this Court on
the ground that the said authorities ought not to have relied
on Ext. P128(a) judgment to reject the application of the
petitioners for registration. According to the petitioners, Ext.
P128(a) judgment was passed in a case filed by the 5 th
respondent, namely, Maradu Market Traders Association, for
police protection against pool workers from disturbing their
right to employ attached headload workers on the ground
that they have exemption from the obligation to provide work
to unattached registered headload workers under the Kerala
Loading and Unloading (Regulation of Wages and Restriction
of Unlawful Practices) Act, even after its repeal. The
petitioners were not parties to the said case and therefore,
the judgment is not binding on them and their application
ought to have been decided on its merits. It is also contended
that Rule 26A of the Rules provides for issuance of notice to
the employers or contractors from whom the headload
WP(C) NOS.13067 & 13978 OF 2023
worker claims work and the Chairman of the Kerala
Headload Workers Welfare Board Local Committee.
However, the registering authority permitted the pool leader
to participate in the enquiry contrary to the provisions under
Rule 26A (2). Referring to the decision in Kerala Head
Load Workers Welfare Board, Sub office v. Nishad M.P
and Others [2022 (5) KHC 367: 2022 (5) KLT 188: ILR 2022
(3) Ker. 688], it is contended that unattached pool workers
have no right to object to the grant of registration under Rule
26A to a worker who is attached to an establishment. It is
further contended that under Rule 26C, the appellate
authority was bound to hear only the appellants and their
employers. However, the appellate authority permitted the
pool workers to participate in the appeal proceedings. It is
further contended that the finding of the appellate authority
that the pool workers were not working in the market from
01.07.2022 is contrary to facts available on record as during
WP(C) NOS.13067 & 13978 OF 2023
the said period the petitioners were continuing on the
strength of interim order in W.A.No.1942 of 2022. It is also
contended that the finding of the appellate authority
regarding violation of the provisions of the Kerala Shops and
Commercial Establishments Act cannot be sustained since
the same was not raised at the time of enquiry and therefore
cannot be considered in the appeal and that the finding of the
appellate authority with respect to variation of the signatures
of the applicants in the application and the registers is
incorrect and is based only on inferences. Accordingly, it is
contended that the orders of the registering authority under
Rule 26A and that of the appellate authority under Rule 26C
cannot be sustained and the 1st respondent be directed to
issue identity cards to the petitioners.
11. The pool leader of Pool No.10, who got himself
impleaded as additional 10th respondent in the writ petitions,
has filed a counter affidavit. It is stated therein that the writ
WP(C) NOS.13067 & 13978 OF 2023
petitioners are migrant workers who were never employed by
the traders in the Wholesale Market. They were supplied by
labour supply contractors. It is stated that in view of Ext.
P128 (a) judgment, the pool workers have right of
employment in the market. It is also stated that the
applications for identity cards are not genuine and the date
of employment shown in the applications is fake and
fabricated and their local addressees are not furnished and
no records are maintained by the employer under Rule 27 of
the Rules. The petitioners have been engaged for the works
inside the shops and not for loading and unloading works. It
is further contended that the judgment in Nishad's case has
been rendered without reference to the Full Bench decision
in Raghavan's case (supra) and that the 10 th respondent has
every right of being heard in the proceedings before the
registering authority as well as the appellate authority. The
findings of the registering authority and the appellate
WP(C) NOS.13067 & 13978 OF 2023
authority are not contradictory as alleged. The finding of the
appellate authority that there is violation of the provisions of
the Shops and Commercial Establishments Act is correct and
that the signatures in the applications are fake as found by
the appellate authority.
12. A counter affidavit is also filed on behalf of
respondents 2 to 4 wherein it is stated that the Maradu
Wholesale Market is situated in the Scheme notified area as
per the Kerala Headload Workers (Regulation of Employment
and Welfare) Scheme, 1983. It is stated that as per Ext. P128
(a) judgment, the pool workers are entitled to be engaged for
loading and unloading works and pursuant to the said
judgment, the pool workers are doing the work of loading
and unloading in the market. It is further stated that
pursuant to Ext. R2(a) judgment, the functional operation of
the Scheme has been extended to the market and the Board
has deployed pool workers in the market. It is stated that
WP(C) NOS.13067 & 13978 OF 2023
only pool workers are eligible to do the work of loading and
unloading in the market area, which is a Scheme covered
area from 16.12.2022. Though an agreement has been
entered with the traders and the workers as per Ext. R2(b)
regarding the wages, the same is not being followed by the
traders. The Board has issued notice to the employers to
register their establishments under Clause 7 of the Kerala
Headload Workers Scheme and to remit the wages in
advance with the Board as per Ext. R2(c). However, the same
is also not complied with by the traders. Since the petitioners
have not been issued with identity cards, they cannot do the
work of loading and unloading. The interim order granted by
this Court in W.A.No.1942 of 2022 cannot extent beyond the
disposal of Rule 26C appeals. It is further stated that 173
pool workers are available in pool Nos. 9 and 10 doing their
work with approved rate of wages and they can completely
satisfy the requirements of the traders in the market.
WP(C) NOS.13067 & 13978 OF 2023
13. Heard Sri.N.Sukumaran, the learned counsel for the
petitioners, Sri.C.S Ajith Prakash, the learned counsel for the
10th respondent and Sri.K.S Arunkumar, the learned counsel
for respondents 2 to 4.
14. The registering authority as well as the appellate
authority has relied on Ext. P128(a) judgment of the Division
Bench of this Court to reject the applications of the
petitioners for registration. According to the petitioners, Ext.
P128(a) judgment was passed in a writ petition filed by the
5th respondent, the Maradu Market Traders' Association for
police protection against pool workers from disturbing their
right to employ attached headload workers on the ground
that they have exemption from engaging unattached
registered headload workers in the light of notification issued
under the Kerala Loading and Unloading (Regulation of
Wages and Restriction of Unlawful Practices) Act, 2002
(since repealed). It is also contended that the petitioners
WP(C) NOS.13067 & 13978 OF 2023
herein, who have applied for registration, were not parties to
the said writ petition and therefore the judgment is not
binding on them and their application ought to have been
decided on its merits.
15. W.P.(C) No.18450 of 2015 leading to Ext. P128(a)
judgment was filed by Maradu Market Traders' Association,
the 5th respondent herein whose members are traders having
their business within the Wholesale Market. As per G.O (Rt.)
No.1249/2003/LBR issued under Section 5 of the Kerala
Loading and Unloading (Regulation of Wages and Restriction
of Unlawful Practices) Act, 2002, the traders in the
Wholesale Market were exempted from the obligation to
provide work to unattached registered headload workers.
However, the said Act under which the notification for
exemption was issued was repealed by the Kerala Headload
Workers (Amendment) Act, 2008. The Traders' Association
contended that notwithstanding such repeal, the notification
WP(C) NOS.13067 & 13978 OF 2023
for exemption would continue to have application and force
and the pool workers have no right to claim loading and
unloading work from the businesses within the exempted
market. Accordingly, the Traders' Association sought for
police protection for the businesses carried out by the
individual members of the Association. The Division Bench,
by Ext. P128(a) judgment, held that the exemption from the
obligation to provide work to unattached headload workers
applies only when the notification is in force as issued under
a statute. When the statute is repealed, the very foundation
of the exemption is demolished and the exemption can no
longer subsist. Accordingly, the Court held that no police
protection can be granted to the Association or the
businesses carried out by the individual members. The
Division Bench also observed that, for loading and unloading,
the Traders' Association would have to engage the pool
workers (unattached headload workers).
WP(C) NOS.13067 & 13978 OF 2023
16. In Ext. P128(a) judgment, the Division Bench
observed that the notification granting exemption to traders
in the Wholesale Market from the obligation to provide work
to unattached registered headload workers cannot survive
after repeal of the Act under which the notification was
issued. The said judgment has become final. This Court in
Ext. R2(a) judgment observed that the Division Bench in Ext.
P128 (a) judgment did not consider who is entitled to carry
out the work inside the market after the benefit of exemption
to traders ceased to operate and held that it is for the
Committee to extend the functional operation of the Scheme
to the market. Be that as it may, the fact remains that the
Division Bench in Ext. P128 (a) judgment held that for
loading and unloading, the members of the Association would
have to engage the pool workers (unattached headload
workers). Does this imply that applications for the
registration of permanent employees of an establishment in a
WP(C) NOS.13067 & 13978 OF 2023
scheme covered area shall not be considered? The present
writ petitions arise from the rejection of applications for
registration of the petitioners who claim to be headload
workers employed by traders in the Wholesale Market. It is
not in dispute that the Wholesale Market is an establishment
as defined under Section 2 (j) of the Kerala Headload
Workers Act, 1978 and the Schedule thereto, and situated in
the scheme notified area as per the Kerala Headload Workers
(Regulation of Employment and Welfare) Scheme, 1983. The
Full Bench of this Court in Raghavan (supra) considered the
question whether permanent workers in an establishment in
a scheme covered area can get registration as per the
provisions contained in Rule 26A. The Full Bench observed as
follows:
"18. The above provisions would make it clear that the
registration contemplated by the Scheme is not applicable to
permanent headload workers employed in an establishment
WP(C) NOS.13067 & 13978 OF 2023
either directly by the employer or through a contractor. But,
that does not mean that such permanent workers cannot get
registered as per the provisions contained under R.26A. As
mentioned earlier, the Act and the Rules are made applicable
for the whole of the State and the requirement of registration
under R.26A is effective throughout the State whether it is
an area to which the Scheme is made applicable or not.
Therefore, all headload workers whether permanently
employed in an establishment or not are to get registration
under R.26A."
xxx
20. If, in an area where the Scheme is made applicable, the
employer requires services of headload workers other than
those whom he had permanently employed, he has
necessarily to get them allotted through the committee..."
Going by the dictum laid down by the Full Bench, permanent
employees of an establishment can apply for and obtain
registration as headload workers even in areas covered by
WP(C) NOS.13067 & 13978 OF 2023
the scheme.
17. The Division Bench in Ext. P128(a) judgment held
that for loading and unloading in the scheme covered
Wholesale Market, the members of the Association would
have to engage the pool workers. That doesn't imply that
applications of permanent employees of the Wholesale
Market for registration as headload workers cannot be
considered. Permanent employees of scheme covered
Wholesale Market can apply for and obtain registration as
headload workers and on obtaining registration, they can do
the work of loading and unloading and the employer will not
be under obligation to engage pool workers, unless he
requires services of additional headload workers other than
the registered permanent employees. The applications of the
petitioners for registration as headload workers as well as
appeals thereof cannot be rejected under the pretense of Ext.
P128(a) judgment; instead, they are to be considered on their
WP(C) NOS.13067 & 13978 OF 2023
merits. Further, in the light of the dictum laid down in
Raghavan (supra), the mere fact that the Wholesale Market
is situated in a scheme covered area does not constitute a
ground to reject the applications of the petitioners for
registration or the appeals.
19. Another reason for rejecting the appeals by the 9 th
respondent is that the employers have not produced registers
and records which have to be maintained under the Kerala
Shops and Commercial Establishments Act and the Minimum
Wages Act to prove that the petitioners were actually
engaged for doing headload work in their establishments and
the headload works done by them are of predominant nature.
This Court, in Nishad (supra), has held that the enquiry
contemplated under Rule 26A of the Rules for granting
registration is essentially a fact finding exercise to ensure
that the applicant for registration is actually doing headload
work in the establishment concerned. The evidence in that
WP(C) NOS.13067 & 13978 OF 2023
regard must be found in the records maintained by the
employer as mandated in Section 26 of the Kerala Headload
Workers Act read with the Rules. When an application for
registration is preferred by an attached worker, the enquiry
by the registering authority must only be to ascertain
whether the applicant is actually engaged for doing headload
work in the establishment to which he is attached and if so,
whether the headload work done by him is of predominant
nature. The information in that regard can be gathered from
the registers maintained by the employer in terms of Section
26 of the Act read with the Rules as also through a physical
inspection at the premises of the establishment concerned.
Hence, when this Court has defined the nature and scope of
the enquiry and the evidence necessary, it was improper for
the appellate authority to exceed the scope of enquiry and
dismiss the appeals.
20. Disparity in the signatures of the applicants in the
WP(C) NOS.13067 & 13978 OF 2023
application and in the register and records is a matter for
evidence before the registering authority. The registering
authority is an independent statutory authority exercising
quasi judicial functions. The powers of the appellate
authority are only to examine the legality of the order passed
by the registering authority after making such enquiries as
he may deem fit. Therefore, so far as the requirements for
registration are not complied with, the appellate authority
ought to have remanded the matter for fresh consideration
by the registering authority.
21. The last contention to be dealt with is whether the
pool workers have any right to object to the grant of
registration to the petitioners under Rule 26A of the Rules
and whether under Rule 26C, the appellate authority was
bound to hear the pool workers. Rule 26A deals with
registration of headload workers and reads as follows:
"26A. Registration of Headload Workers.-- (1) Any
WP(C) NOS.13067 & 13978 OF 2023
headload worker may submit his application for registration
in Form IX to the Registering Authority concerned, with as
many additional copies as there are employers or contractors
from whom he claims to work.
(2) On receipt of such application the Registering Authority
shall issue notice in Form X to the employers or contractors
from whom the headload worker claims work and in area
where the Kerala Headload Workers (Regulation of
Employment and Welfare) Scheme, 1983 is in operation, to
the Chairman, Kerala Headload Workers Welfare Board
Local Committee in such area with copy of the application
inviting objections, if any, on such application.
(3) After considering the objections, if any, received and
after giving an opportunity of being heard, the Registering
Authority shall register the name of the headload worker in
the Register of Headload Workers, on being satisfied that the
headload worker is eligible for registration and communicate
the fact to the parties within two weeks of such registration.
The Registering Authority shall also issue identity card to the
registered headload worker. If the name is not registered,
the Registering Authority shall communicate the fact to the
applicant with reasons therefor.
(3A) Where the Identity Card of registration granted to a
headload worker under sub-rule (3) is defaced or accidentally
lost or irrecoverably destroyed, he shall apply for a duplicate
identity card along with two copies of recent photograph and
WP(C) NOS.13067 & 13978 OF 2023
a fine of Rs.25(Rupees twenty - five only) to the Registering
authority concerned. The Registering Authority may after
making necessary enquiries and satisfying himself of the
genuineness, issue a duplicate identity card.
(4) The Registration of a person as headload worker may be
cancelled by the Deputy Labour Officer of the District Labour
Office concerned or where there is no post of Deputy Labour
Officer in that District Labour Office, by the Assistant Labour
Officer grade I after satisfying himself on a report from
Registering Authority that the Registration has been
obtained by fraud or mistake:
Provided that not less than one month's previous notice in
writing specifying the ground on which the registration is
proposed to be cancelled shall be given by the authority
empowered to cancel the registation to the headload worker,
before the registration is cancelled."
Sub-rule (2) of Rule 26A provides that on receipt of an
application for registration as headload worker, the
registering authority shall issue notice in Form X to the
employers or contractors from whom the headload worker
claims work, and if Scheme applies, to the Chairman, Kerala
WP(C) NOS.13067 & 13978 OF 2023
Headload Workers Welfare Board Local Committee in such
area. The registering authority shall, after considering the
objections, if any, received and after giving an opportunity of
being heard, register the name of the headload worker in the
Register of Headload Workers and communicate the fact to
the parties. The Rule does not provide for notice or a hearing
for any persons other than those mentioned in Sub-rule (2).
In Nishad (supra), the Division Bench held that the
registering authority cannot reject an application for
registration on the ground that existing pool workers have
raised objections to granting of such registrations.
Unattached pool workers have no right to object to the grant
of registration under Rule 26A to a worker who is attached to
an establishment. Their objections can only be raised at a
time when an attached worker, who gets registered in terms
of Rule 26A relinquishes his employment or engagement with
the establishment to which he was attached, and seeks to join
WP(C) NOS.13067 & 13978 OF 2023
the scheme in the area concerned, as a registered but
unattached worker. Therefore, the pool workers have no
right to participate in the proceedings before the registering
authority.
22. Rule 26C of the Kerala Headload Workers Rules
deals with Appeals and reads as follows:
Appeals: (1) Any person aggrieved by an order of the
Registering Authority under sub-rules (3) or (4] of Rule 26A
may file an appeal within 60 days from the date of receipt of
such order before an officer not below the rank of District
Labour Officer notified by Government as Appellate
Authority in this behalf:
Provided that the Appellate Authority may admit an appeal
filed after the expiry of the said period if he is satisfied that
the appellant has sufficient cause for not filing the appeal
within the said period: Provided further that no such appeal
shall be admitted after a period of six months from the date
of the order of the Registering Authority appealed against.
WP(C) NOS.13067 & 13978 OF 2023
(2) On receipt of an appeal, the appellate authority may
make such enquiries as he deems fit and after giving the
employer if any and headload worker an opportunity of being
heard and decide the appeal within a period of 30 days from
the date of receipt of the appeal. The decision of the
appellate authority shall be final.
Rule 26C provides 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
provides that on receipt of an appeal, the appellate authority
shall give the employer if any, and the headload worker an
opportunity of being heard and decide the appeal. The pool
workers will not come within the category of persons
aggrieved referred to in Rule 26C. Therefore, they have no
right to be heard in the appeal as well.
23. Sri. Ajith Prakash would contend that the decision in
Nishad (supra) was rendered without properly appreciating
or referring to the decision in Raghavan (supra). The
WP(C) NOS.13067 & 13978 OF 2023
Division Bench in Nishad (supra) analysed the scheme of the
Kerala Headload Workers Act and Rules and drew the
following conclusions:
"a. The definition of headload worker under S.2(m) of the Act
makes a distinction between an attached worker and an
unattached worker. While the former is a person who is
employed or engaged by an employer, either directly or
through a contractor, to work in a particular establishment,
the latter is a person who is not engaged to work in any
particular establishment.
b. The attached worker, at the time of his employment or
engagement need not be registered in terms of R.26A. It is
sufficient that he is engaged for the purpose of doing
headload work in the establishment. This is so even if the
establishment is located in a scheme covered area because
the 1983 Scheme does not apply to an attached worker. The
unattached worker, however, has to be a registered headload
worker in view of the specific provisions of S.9A of the Act.
c. An attached worker must do headload work in the
particular establishment to which he is attached, before
seeking registration as a headload worker in terms of R.26A
of the Rules. The enquiry contemplated under R.26A for
granting registration is essentially a factfinding exercise to
ensure that the applicant for registration is actually doing
WP(C) NOS.13067 & 13978 OF 2023
headload work in the establishment concerned. The evidence
in that regard must be found in the records maintained by
the employer as mandated in S.26 of the Act read with the
Rules.
d. An unattached worker must first get himself attached to
an establishment and do headload work therein. Only
thereafter can he seek registration as a headload worker in
terms of R.26A. The Act and Rules do not permit a person
who is not attached to any establishment to apply for
registration as a headload worker without first
demonstrating his capacity to do headload work in an
establishment.
e. While the above statutory scheme is apparent from a
reading of the statutory provisions, it cannot be seen as one
violating the fundamental rights of any person under Art.19
(1) (g) of the Constitution since Art.19 (6) makes the right
subject to reasonable restrictions that can be imposed in the
interests of the general public. A restriction in a welfare
legislation that is intended to safeguard the health of a
worker has to be seen as in the interests of the general
public.
f. In the light of our findings as above, we do not approve of
the view taken in Rajeev (Supra) or Manzoor (Supra) that
even an unattached worker can apply for registration under
Rule 26A without doing any headload work, so long as he has
a good physique and is willing to do such work. The view in
WP(C) NOS.13067 & 13978 OF 2023
Rajeev (Supra), that was followed in Manzoor (Supra), was
taken without noticing the distinction between attached and
unattached workers in the definition of a headload worker, as
also the fact that the pre-requisite of being a registered head
load worker, for being allowed or required to work in a
scheme covered area, applied only to a 'headload worker who
is not permanently employed by an employer or contractor'
ie. an unattached worker. The said decisions do not lay down
the correct law in this regard and hence we overrule the said
decisions on the above point.
g. An attached worker, on the other hand, does not have to
be registered as a headload worker for doing headload work.
He can be employed or engaged to do such work in the
establishment of his employer and thereafter seek
registration in terms of Rule 26A once he starts doing
headload work in that establishment. Further, so long as he
is in the employment or engagement of an employer and
attached to the latter's establishment, he will not come
under the coverage of the 1983 Scheme either. Clause 6 of
the Scheme will therefore not be attracted in his case, to
prevent him from working in a scheme covered area.
h. When an application for registration is preferred by an
attached worker, the enquiry by the registering authority
must only be to ascertain whether the applicant is actually
engaged in doing headload work in the establishment to
which he is attached and if so, whether the headload work
WP(C) NOS.13067 & 13978 OF 2023
done by him is of predominant nature. The information in
that regard can be gathered from the registers maintained
by the employed in terms of Section 26 of the Act read with
the Rules as also through a physical inspection at the
premises of the establishment concerned. The registering
authority cannot reject an application for registration on the
ground that existing pool workers have raised objections to
granting of such registrations. Unattached pool workers have
no right to object to the grant of registration under Rule 26A
to a worker who is attached to an establishment. It has been
so held by a Division Bench of this Court in Gangadharan
(Supra). Their objections can only be raised at a time when
an attached worker, who gets registered in terms of Rule
26A relinquishes his employment or engagement with the
establishment to which he was attached, and then seeks to
join the scheme in the area concerned, as a registered but
unattached worker."
In Nishad (supra), the Division Bench held that before
seeking registration as headload worker in terms of Rule 26A
of the Rules, the attached worker should do headload work in
the establishment. It was also held that the attached worker,
at the time of his employment need not be registered in
WP(C) NOS.13067 & 13978 OF 2023
terms of Rule 26A, but it will be sufficient if he is engaged for
the purpose of doing headload work in the establishment. For
the purpose of analysing the different modes by which a
headload worker can be called upon to do headload work and
the nature of enquiry by the registering authority, the
Division Bench in Nishad relied on the decision in
Raghavan, particularly paragraph 24, wherein the Full
Bench deduced and laid down the dictum therein. Therefore,
I do not agree with the contention of Sri. Ajith that the
decision in Nishad was rendered by the Division Bench
without taking note of and referring to the decision in
Raghavan.
In the result, Ext.P128 and similar orders of the 1 st
respondent and Exts. P132 to P180 orders of the 9 th
respondent in W.P.(C) No.13978 of 2023 and Ext. P32 and
similar orders of the 1st respondent and Exts. P34 to P53
orders of the 9th respondent in W.P.(C) No.13067 of 2023 are
WP(C) NOS.13067 & 13978 OF 2023
set aside. The writ petitions are disposed of directing the 1 st
respondent registering authority to consider Exts. P1 to P125
applications in W.P.(C) No.13978 of 2023 and Exts. P1 to P31
applications in W.P.(C) No.13067 of 2023 afresh and in
accordance with law, as expeditiously as possible, at any
rate, within a period of two months from the date of receipt
of a copy of the judgment. It is made clear that pool workers
or their leaders have no right to be heard in the proceedings
before the 1st respondent.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C) NOS.13067 & 13978 OF 2023
APPENDIX OF WP(C) 13067/2023
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.1 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.2 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P3 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.3 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.4 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P5 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.5 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P6 TRUE COPY OF APPLICATION DATED 07.11.2022
SUBMITTED BY THE PETITIONER NO.6 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.7 BEFORE THE 1ST
RESPONDENT
EXHIBIT P8 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.8 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P9 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.9 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P10 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.10 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P11 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.11 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P12 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.12 BEFORE THE 1ST
RESPONDENT
EXHIBIT P13 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.13 BEFORE THE 1ST
WP(C) NOS.13067 & 13978 OF 2023
RESPONDENT.
EXHIBIT P14 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.14 BEFORE THE 1ST
RESPONDENT
EXHIBIT P15 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.15 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P16 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.16 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P17 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.17 BEFORE THE 1ST
RESPONDENT
EXHIBIT P18 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.18 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P19 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.19 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P20 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.20 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P21 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.21 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P22 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.22 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P23 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.116 BEFORE THE
1ST RESPONDENT.
EXHIBIT P24 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.24 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P25 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.116 BEFORE THE
1ST RESPONDENT.
EXHIBIT P26 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.116 BEFORE THE
1ST RESPONDENT.
EXHIBIT P27 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.116 BEFORE THE
1ST RESPONDENT.
EXHIBIT P28 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.28 BEFORE THE 1ST
RESPONDENT.
WP(C) NOS.13067 & 13978 OF 2023
EXHIBIT P29 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.116 BEFORE THE
1ST RESPONDENT.
EXHIBIT P30 TRUE COPY OF APPLICATION DATED 7.11.2022
SUBMITTED BY THE PETITIONER NO.30 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P31 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.116 BEFORE THE
1ST RESPONDENT.
EXHIBIT P32 TRUE COPY OF ORDER DATED 22.12.2022 DISMISSING
EXT.P2 FILED BY THE 2ND PETITIONER.
EXHIBIT P32(a) TRUE COPY OF JUDGMENT DATED 1.08.2019 IN W.P.(C)
18450 OF 2015 RELIED ON IN EXT.P32.
EXHIBIT P33 TRUE COPY OF APPEAL FILED BY THE 2ND PETITIONER
DATED 11.01.2023 BEFORE THE 9TH RESPONDENT
EXHIBIT P34 TRUE COPY OF ORDER IN APPEAL NO.237/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P35 TRUE COPY OF ORDER IN APPEAL NO.191/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBITP 36 TRUE COPY OF ORDER IN APPEAL NO.189/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P37 TRUE COPY OF ORDER IN APPEAL NO.220/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT
EXHIBIT P38 TRUE COPY OF ORDER IN APPEAL NO.198/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT
EXHIBIT P39 TRUE COPY OF ORDER IN APPEAL NO.196/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT
EXHIBIT P40 TRUE COPY OF ORDER IN APPEAL NO.178/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P41 TRUE COPY OF ORDER IN APPEAL NO.177/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P42 TRUE COPY OF ORDER IN APPEAL NO.208/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P43 TRUE COPY OF ORDER IN APPEAL NO.184/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P44 TRUE COPY OF ORDER IN APPEAL NO.233/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT
EXHIBIT P45 TRUE COPY OF ORDER IN APPEAL NO.208/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT..
EXHIBIT P46 TRUE COPY OF ORDER IN APPEAL NO.192/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P47 TRUE COPY OF ORDER IN APPEAL NO.203/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT
EXHIBIT P48 TRUE COPY OF ORDER IN APPEAL NO.231/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
WP(C) NOS.13067 & 13978 OF 2023
EXHIBIT P49 TRUE COPY OF ORDER IN APPEAL NO.224/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P50 TRUE COPY OF ORDER IN APPEAL NO.182/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P51 TRUE COPY OF ORDER IN APPEAL NO.205/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P52 TRUE COPY OF ORDER IN APPEAL NO.216/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
EXHIBIT P53 TRUE COPY OF ORDER IN APPEAL NO.193/2023 DATED
5.4.2023 PASSED BY THE 9TH RESPONDENT.
RESPONDENTS EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF JUDGEMENT DATED 22.11.2022 IN WPC
NO. 37341 OF 2022.
EXHIBIT R1(b) TRUE COPY OF JUDGEMENT DATED 08.03.2023 IN WPC
NO. 3116 OF 2023.
EXHIBIT R11(a) TRUE COPY OF THE MEMORANDUM OF SETTLEMENT SIGNED
ON 27/05/2023 IN BETWEEN THE 5TH RESPONDENT AND
THE POOL WORKERS IN THE PRESENCE OF THE 3RD AND
9TH RESPONDENT.
EXHIBIT R10(a) A TRUE COPY OF THE LETTER ISSUED BY THE MARKET
AUTHORITY DATED 23.05.2023 TO THE POOL LEADER,
POOL NO 10.
EXHIBIT R10(b) A TRUE COPY OF THE NOTICE ISSUED BY BOARD TO THE
ESTABLISHMENT NAMELY ASP VEGETABLES REQUIRING TO
REGISTER THE NAME DATED 06.02.2023 WITH ITS
TYPED COPY.
EXHIBIT R10(c) A TRUE COPY OF THE INTERIM ORDER IN WA 896/2023
DATED 13.06.2023.
EXHIBIT R10(d) A TRUE COPY OF THE WRIT APPEAL MEMORANDUM IN W.A
NO. 357 OF 2023 WITHOUT ITS EXHIBITS AND
ANNEXURE FILED BEFORE THIS HON'BLE COURT.
WP(C) NOS.13067 & 13978 OF 2023
APPENDIX OF WP(C) 13978/2023
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.1 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.2 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P3 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.3 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.4 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P5 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.5 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P6 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.6 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.7 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P8 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.8 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P9 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.9 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P10 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.10 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P11 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.11 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P12 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.12 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P13 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.13 BEFORE THE 1ST
WP(C) NOS.13067 & 13978 OF 2023
RESPONDENT.
EXHIBIT P14 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.14 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P15 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.15 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P16 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.16 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P17 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.17 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P18 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.18 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P19 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.19 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P20 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.20 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P21 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.21 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P22 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.22 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P23 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.23 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P24 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.24 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P25 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.25 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P26 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.26 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P27 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.27 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P28 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.28 BEFORE THE 1ST
RESPONDENT.
WP(C) NOS.13067 & 13978 OF 2023
EXHIBIT P29 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.29 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P30 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.30 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P31 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.31 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P32 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.32 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P33 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.33 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P34 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.34 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P35 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.35 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P36 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.36 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P37 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.37 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P38 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.38 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P39 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.39 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P40 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.40 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P41 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.41 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P42 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.42 BEFORE THE 1ST
RESPONDENT
EXHIBIT P43 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.43 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P44 TRUE COPY OF APPLICATION DATED 22.10.2022
WP(C) NOS.13067 & 13978 OF 2023
SUBMITTED BY THE PETITIONER NO.44 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P45 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.45 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P46 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.46 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P47 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.47 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P48 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.48 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P49 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.49 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P50 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.50 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P51 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.51 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P52 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.52 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P53 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.53 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P54 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.54 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P55 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.55 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P56 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.56 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P57 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.57 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P58 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.58 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P59 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.59 BEFORE THE 1ST
WP(C) NOS.13067 & 13978 OF 2023
RESPONDENT.
EXHIBIT P60 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.60 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P61 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.61 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P62 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.62 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P63 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.63 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P64 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.64 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P65 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.65 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P66 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.66 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P67 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.67 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P68 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.68 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P69 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.69 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P70 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.70 BEFORE THE 1ST
RESPONDENT
EXHIBIT P71 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.71 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P72 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.72 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P73 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.73 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P74 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.74 BEFORE THE 1ST
RESPONDENT.
WP(C) NOS.13067 & 13978 OF 2023
EXHIBIT P75 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.75 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P76 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.76 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P77 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.77 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P78 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.78 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P79 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.79 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P80 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.80 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P81 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.81 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P82 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.82 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P83 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.83 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P84 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.84 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P85 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.85 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P86 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.86 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P87 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.87 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P88 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.88 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P89 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.89 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P90 TRUE COPY OF APPLICATION DATED 22.10.2022
WP(C) NOS.13067 & 13978 OF 2023
SUBMITTED BY THE PETITIONER NO.90 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P91 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.91 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P92 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.92 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P93 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.93 BEFORE THE 1ST
RESPONDENT
EXHIBIT P94 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.94 BEFORE THE 1ST
RESPONDENT
EXHIBIT P95 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.95 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P96 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.96 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P97 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.97 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P98 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.98 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P99 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.99 BEFORE THE 1ST
RESPONDENT.
EXHIBIT P100 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.100 BEFORE THE
1ST RESPONDENT.
EXHIBIT P101 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.101 BEFORE THE
1ST RESPONDENT.
EXHIBIT P102 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.102 BEFORE THE
1ST RESPONDENT.
EXHIBIT P103 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.103 BEFORE THE
1ST RESPONDENT.
EXHIBIT P104 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.104 BEFORE THE
1ST RESPONDENT.
EXHIBIT P105 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.105 BEFORE THE
WP(C) NOS.13067 & 13978 OF 2023
1ST RESPONDENT.
EXHIBIT P106 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.106 BEFORE THE
1ST RESPONDENT.
EXHIBIT P107 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.107 BEFORE THE
1ST RESPONDENT.
EXHIBIT P108 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.108 BEFORE THE
1ST RESPONDENT.
EXHIBIT P109 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.109 BEFORE THE
1ST RESPONDENT.
EXHIBIT P110 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.110 BEFORE THE
1ST RESPONDENT.
EXHIBIT P111 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.111 BEFORE THE
1ST RESPONDENT.
EXHIBIT P112 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.112 BEFORE THE
1ST RESPONDENT.
EXHIBIT P113 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.113 BEFORE THE
1ST RESPONDENT.
EXHIBIT P114 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.114 BEFORE THE
1ST RESPONDENT.
EXHIBIT P115 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.115 BEFORE THE
1ST RESPONDENT.
EXHIBIT P116 TRUE COPY OF APPLICATION DATED 21.10.2022
SUBMITTED BY THE PETITIONER NO.116 BEFORE THE
1ST RESPONDENT.
EXHIBIT P117 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.117 BEFORE THE
1ST RESPONDENT.
EXHIBIT P118 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.118 BEFORE THE
1ST RESPONDENT.
EXHIBIT P119 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.119 BEFORE THE
1ST RESPONDENT.
EXHIBIT P120 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.120 BEFORE THE
1ST RESPONDENT.
WP(C) NOS.13067 & 13978 OF 2023
EXHIBIT P121 TRUE COPY OF APPLICATION DATED 24.10.2022
SUBMITTED BY THE PETITIONER NO.121 BEFORE THE
1ST RESPONDENT.
EXHIBIT P122 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.122 BEFORE THE
1ST RESPONDENT.
EXHIBIT P123 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.123 BEFORE THE
1ST RESPONDENT.
EXHIBIT P124 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.124 BEFORE THE
1ST RESPONDENT.
EXHIBIT P125 TRUE COPY OF APPLICATION DATED 22.10.2022
SUBMITTED BY THE PETITIONER NO.125 BEFORE THE
1ST RESPONDENT.
EXHIBIT P126 TRUE COPY OF JUDGMENT DATED 06.12.2022 IN W.P.
(C).NO.37246 OF 2022 OF THIS HON'BLE COURT.
EXHIBIT P127 TRUE COPY OF JUDGMENT DATED 20.12.2022 IN
W.A.NO.1942 OF 2022 OF THIS HON'BLE COURT.
EXHIBIT P128 TRUE COPY OF ORDER DATED 22.12.2022 DISMISSING
EXT.P1 FILED BY THE 1ST PETITIONER.
EXHIBIT P128(a) TRUE COPY OF JUDGMENT DATED 01.08.2019 IN W.P.C
18450 OF 2015.
EXHIBIT P129 TRUE COPY OF APPEAL FILED BY THE 1ST PETITIONER
DATED 11.01.2023 AGAINST EXTS.P128 BEFORE THE
9TH RESPONDENT.
EXHIBIT P130 TRUE COPY OF JUDGMENT DATED 06.12.2022 IN W.P.
(C).NO.1694 OF 2022 OF THIS HON'BLE COURT
EXHIBIT P131 TRUE COPY OF JUDGMENT DATED 8.3.2023 IN WA
NO.357 OF 2023 OF THIS HON'BLE COURT.
EXHIBIT P132 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.190/2023.
EXHIBIT P133 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.228/2023.
EXHIBIT P134 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.225/2023.
EXHIBIT P135 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.186/2023.
EXHIBIT P136 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.214/2023.
EXHIBIT P137 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.218/2023.
EXHIBIT P138 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.188/2023.
EXHIBIT P139 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
WP(C) NOS.13067 & 13978 OF 2023
RESPONDENT IN APPEAL NO.202/2023
EXHIBIT P140 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.237/2023.
EXHIBIT P141 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.210/2023
EXHIBIT P142 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.187/2023.
EXHIBIT P143 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.215/2023.
EXHIBIT P144 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.194/2023.
EXHIBIT P145 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.220/2023.
EXHIBIT P146 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.207/2023.
EXHIBIT P147 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.234/2023.
EXHIBIT P148 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.222/2023.
EXHIBIT P149 : TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.181/2023
EXHIBIT P150 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.219/2023.
EXHIBIT P151 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.180/2023.
EXHIBITP152 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.179/2023.
EXHIBITP153 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.176/2023.
EXHIBIT P154 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.185/2023.
EXHIBIT P155 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.197/2023.
EXHIBIT P156 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.201/2023
EXHIBIT P157 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.204/2023.
EXHIBIT P158 : TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.193/2023.
EXHIBIT P159 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.229/2023.
EXHIBIT P160 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.213/2023.
EXHIBIT P161 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
WP(C) NOS.13067 & 13978 OF 2023
RESPONDENT IN APPEAL NO.217/2023
EXHIBIT P162 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.209/2023.
EXHIBIT P163 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.226/2023.
EXHIBIT P164 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.227/2023.
EXHIBIT P165 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.235/2023.
EXHIBIT P166 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.232/2023.
EXHIBIT P167 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.223/2023.
EXHIBIT P168 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.230/2023.
EXHIBIT P169 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.183/2023.
EXHIBIT P170 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.221/2023.
EXHIBIT P171 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.175/2023.
EXHIBIT P172 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.200/2023.
EXHIBIT P173 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.206/2023.
EXHIBIT P174 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.236/2023.
EXHIBIT P175 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.189/2023.
EXHIBITP 176 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.212/2023.
EXHIBITP 177 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.177/2023.
EXHIBIT P178 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.195/2023
EXHIBIT P179 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.199/2023
EXHIBIT P180 TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH
RESPONDENT IN APPEAL NO.211/2023.
RESPONDENTS EXHIBITS:-
EXHIBIT R1(a) TRUE COPY OF JUDGEMENT DATED 22.11.2022 IN WPC
NO. 37341 OF 2022 OF THIS HON'BLE COURT.
WP(C) NOS.13067 & 13978 OF 2023
EXHIBIT R1(b) TRUE COPY OF JUDGEMENT DATED 08.03.2023 IN WPC
NO. 3116 OF 2023 OF THIS HON'BLE COURT.
EXHIBIT R2(a) A TRUE COPY OF THE JUDGMENT IN WP(C) NO:23725,
24177 AND 25887 OF 2019 DATED 04/11/2019.
EXHIBIT R2(b) A TRUE COPY OF THE MEMORANDUM OF SETTLEMENT
SIGNED ON BETWEEN THE 5TH RESPONDENT AND THE
POOL WORKERS ON 27/05/2023.
EXHIBIT R2(c) A TRUE COPY OF NOTICE SENT ON 3-6-23.
EXHIBIT R10(a) A TRUE COPY OF THE LETTER ISSUED BY THE MARKET
AUTHORITY DATED 23.05.2023 TO THE POOL LEADER,
POOL NO 10.
EXHIBIT R10(b) A TRUE COPY OF THE NOTICE ISSUED BY BOARD TO THE
ESTABLISHMENT NAMELY ASP VEGETABLES REQUIRING TO
REGISTER THE NAME DATED 06.02.2023 WITH ITS
TYPED COPY.
EXHIBIT R10(c) A TRUE COPY OF THE INTERIM ORDER IN WA 896/2023
DATED 13.06.2023.
EXHIBIT R10(d) A TRUE COPY OF THE WRIT APPEAL MEMORANDUM IN W.A
NO. 357 OF 2023 WITHOUT ITS EXHIBITS AND
ANNEXURE FILED BEFORE THIS HON'BLE COURT.
EXHIBIT R11(a) THE TRUE COPY OF THE REGISTRATION CERTIFICATE
NO. SHO70220030402 DATED 19.08.2019 ISSUED BY
THE ALO, 126TH RESPONDENT.
EXHIBIT R11(b) 5. THE TRUE COPY OF THE APPLICATIONS SUBMITTED
BY RESPONDENT NO. 81 HEREIN BEFORE THE ALO,
126TH RESPONDENT.
EXHIBIT R11(c) THE TRUE COPY OF THE APPLICATIONS SUBMITTED BY
RESPONDENT NO.104 HEREIN BEFORE THE ALO, 126TH
RESPONDENT DT.22.10.2022.
EXHIBIT R11(d) THE TRUE COPY OF THE APPLICATIONS SUBMITTED BY
RESPONDENT NO.105 HEREIN BEFORE THE ALO, 126TH
RESPONDENT DT.22.10.2022.
EXHIBIT R11(e) THE TRUE COPY OF THE APPLICATIONS SUBMITTED BY
RESPONDENT NO.106 HEREIN BEFORE THE ALO, 126TH
RESPONDENT DT.22.10.2022.
EXHIBIT R11(f) THE TRUE COPY OF THE APPLICATIONS SUBMITTED BY
RESPONDENT NO.107 HEREIN BEFORE THE ALO, 126TH
RESPONDENT DT.22.10.2022.
EXHIBIT R11(g) THE TRUE COPY OF THE SALARY CERTIFICATE ISSUED
TO THE RESPONDENT NO. 81, 104 TO 107 HEREIN
/WRIT PETITONERS NO. 81, 104 TO 107.
EXHIBIT R11(h) THE TRUE COPY OF THE ATTENDANCE REGISTER
MAINTAINED BY ME EVIDENCING THE ENGAGEMENT OF
THE RESPONDENT NO. 81, 104 TO 107 HEREIN /WRIT
PETITIONERS NO. 81, 104 TO 107.
WP(C) NOS.13067 & 13978 OF 2023
EXHIBIT R11(i) THE TRUE COPY OF THE EMPLOYMENT CERTIFICATE
DATED 23.02.2023 ISSUED BY ME EVIDENCING THE
ENGAGEMENT OF THE RESPONDENTS RESPONDENT NO. 81,
TO 107.
EXHIBIT R12(a) TRUE COPY OF THE LETTER NO. C3/293/12 ISSUED BY
THE 3RD RESPONDENT, DATED 30/09/2019
EXHIBIT R12(b) TRUE COPY OF THE MINUTES DATED 27/05/2023.
