Anthony Arulraj.B vs The Station House Officer
2024 Latest Caselaw 13233 Ker

Kerala High Court

Anthony Arulraj.B vs The Station House Officer on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                        WP(C) NO. 2925 OF 2024
PETITIONER:

    1       ANTHONY ARULRAJ.B, AGED 48 YEARS, S/O BHARNABAS,
            POOL LEADER, POOL NO.4, GOVERNMENT FOREST TIMBER
            DEPOT, WALAYAR, RESIDING AT MEKKIN VEEDU, ATTUPATHY,
            VATTAPPARA, WALAYAR P.O., PALAKKAD, PIN - 678624

    2       LAWRENCE A, AGED 50 YEARS, S/O ANTHONISWAMI, POOL
            LEADER, POOL NO.4A, GOVERNMENT FOREST TIMBER DEPOT,
            WALAYAR, RESIDING AT KURISSU VEEDU, CHANDRAPURAM,
            WALAYAR P.O., PALAKKAD, PIN - 678624

            BY ADVS.
            T.C.SURESH MENON
            B.DEEPAK


RESPONDENTS:

    1       THE STATION HOUSE OFFICER, WALAYAR POLICE STATION,
            WALAYAR P.O., PALAKKAD, PIN - 678624

    2       KERALA HEAD LOAD WORKERS WELFARE BOARD
            PALAKKAD CITY P.O., PALAKKAD DISTRICT COMMITTEE,
            PALAKKAD,REPRESENTED BY ITS CHAIRMAN, PIN - 678014

    3       DEPOT OFFICER, GOVERNMENT TIMBER DEPOT, WALAYAR P.O.,
            PALAKKAD, PIN - 678624

    4       A.MURUKESAN, S/O APPU, POOL LEADER, POOL NO.8A,
            GOVERNMENT FOREST TIMBER DEPOT, WALAYAR, RESIDING
            AT LAKSHAMVEEDU COLONY, VATTAPPARA, WALAYAR P.O.,
            PALAKKAD, PIN - 678624

    5       HANEEFA, POOL LEADER, POOL NO.8B, GOVERNMENT FOREST
            TIMBER DEPOT, WALAYAR, RESIDING AT VATTAPPARA,
            WALAYAR P.O., PALAKKAD, PIN - 678624

    *6      THE DISTRICT LABOUR OFFICER, CIVIL STATION COMPLEX,
            KENATHUPARAMBU, KUNNATHURMEDU, PALAKKAD-678 001
            (ADDL R6 IS IMPLEADED AS PER ORDER DATED 27.02.2024
            IN I.A.1/2024 IN WP(C)2925/2024)
 WPC 2925/24
                                        2


              BY ADVS.
              THOMAS ABRAHAM
              SUJIN S
              NITA.N.S.(K/353/2003)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 2925/24
                                              3



                               JUDGMENT

When this matter was called today, it is conceded by both

sides that the issues involved in this case have already been

settled by the order passed by the 6 th respondent - District Labour

Officer under Section 21 of the Headload Workers Act; which

decision has been challenged by one of the parties in the

connected matter, namely WP(C)No.9975/2024.

In the afore circumstances, I close this Writ Petition;

however, leaving full liberty to the petitioners to invoke

appropriate remedies and impel their contentions in

WP(C)No.9975/2024 in support of the order now issued by the

District Labour Officer in terms of the interim order in this case.

Sd/-

RR                                                DEVAN RAMACHANDRAN
                                                            JUDGE





                 APPENDIX OF WP(C) 2925/2024

PETITIONER EXHIBITS
Exhibit-P1          TRUE COPY OF THE CERTIFICATION NO.W1-
                    736/2023    ISSUED     BY     THE     PUBLIC

INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT, DATED 27.11.2023.

Exhibit-P2 TRUE COPY OF THE IDENTIFY CARD ISSUED TO THE 1ST PETITIONER, DATED 30.4.2015. Exhibit-P3 TRUE COPY OF THE IDENTITY CARD ISSUED TO ONE A.VIJAYAKUMAR, DATED 26.8.2020. Exhibit-P4 TRUE COPY OF THE REQUEST MADE BY THE PETITIONERS BEFORE THE 1ST RESPONDENT, DATED 20.1.2024.

Exhibit-P5 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 1ST RESPONDENT, DATED 20.1.2024. RESPONDENT EXHIBITS EXHIBIT R4(a) True Copy of the Order No. C/2200/2000 dated 23/07/2000 issued by District Labour Officer, Palakkad EXHIBIT R4(b) True Copy of the identity card issued to one Mr. Antony Jayaraj A, a worker in Pool No. 8B EXHIBIT R4(c) True Copy of the identity card issued to one Mr. Lakshmanan, a worker in Pool No. 8B EXHIBIT R4(d) True copy of the Complaint dated 17/01/2024 submitted by the petitioners before DLO, Palakkad EXHIBIT R4(e) True copy of the Statement submitted by the petitioners before DLO, Palakkad PETITIONER EXHIBITS Exhibit-P6 True copy of the identity card issued to the 2nd petitioner by the 2nd respondent, dated 26.8.2020.

Exhibit-P7 True copy of the of identity card issued to one Sulaiman.A., dated 26.8.2020. Exhibit-P8 True copy of the identity card issued to one Antony Pushparaj, dated 2.3.2019. Exhibit-P9 True copy of the receipt issued by the 2nd respondent in respect to the wages paid to the workers of Pool No.4A, dated 13.8.2021.

Exhibit-P10 True copy of the communication No.WD-

276-2023 Between the 3rd respondent and the Deputy Labour Officer, Palakkad, dated 16.1.2024 Exhibit-P11 TRUE COPY OF THE WORK CARD ISSUED BY THE 2ND RESPONDENT TO THE MEMBERS OF POOL NO.4, DATED 19.2.2024.

Exhibit-P12 TRUE COPY OF THE WORK CARD ISSUED BY THE 2ND RESPONDENT TO THE MEMBERS OF POOL NO.4A, DATED 16.2.2024.

Exhibit-P13 TRUE COPY OF THE PAYMENT VOUCHER ISSUED TO POOL LEADER OF POOL NO.4, DATED 22.2.2024.

Exhibit-P14 TRUE COPY OF THE PAYMENT VOUCHER ISSUED TO POOL LEADER OF POOL NO.4A, DATED 16.2.2024.