Kerala High Court
*Kunhammed Kutty vs The Assistant Labour Officer, Grade- I on 28 May, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 8729 OF 2020
PETITIONERS:
1 *KUNHAMMED KUTTY,
S/O. AMMED, AGED 73 YEARS,
VARAKKANDY, NADEERA MANZIL, AYACHERI,
VATAKARA TALUK, PIN-673 541.
(FIRST PETITIONER IN THE WP(C) IS DELETED FROM THE
PARTY ARRAY AS PER THE ORDER DATED 23.11.2022 IN I.A.
2/2022).
2 PATHU PURAKOTTUPOYIL,
W/O. KUNHAMMED KUTTY, AGED 68 YEARS,
VARAKKANDY,NADEERA MANZIL, AYACHERI,
VATAKARA TALUK, PIN-673 541.
BY ADV.
SRI. ZUBAIR PULIKKOOL
RESPONDENTS:
1 THE ASSISTANT LABOUR OFFICER, GRADE- I,
CIVIL STATION, KOZHIKODE-673 020.
2 THE DEPUTY TAHSILDAR,
VATAKARA TALUK, KOZHIKODE - 673 101.
BY ADV.
SRI. JUSTIN JACOB - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8729 OF 2020
2
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 8729 of 2020
-------------------------
Dated this the 28th day of May, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
i) issue writ of mandamus or such other writ
or direction directing the 1st respondent to
consider and pass appropriate decision on Exhibit
P7 with notice to the 2nd petitioner as provided
under the Act 28 of 1996.
ii) Issue a Writ of Mandamus or such other
writ or direction directing the 2 nd respondent to
give up all further proceedings pursuant to
Exhibit P-6 notice.
iii) grant such other reliefs as this Hon'ble
Court deems fit and proper in the circumstances
of the case.
2. There is remedy of appeal under Section 12 (5) of the
Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 against the
impugned order in Exhibit P-5.
WP(C) NO. 8729 OF 2020
3. Considering the availability of alternative remedy of
statutory appeal, this Court would not like to interfere with the
impugned order in Exhibit P-6. Hence, the writ petition is
hereby dismissed. However, the petitioner may file an appeal
against Exhibit P-6 notice before the appellate authority under
Section 12 (5) of the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996
if he so advised. If the petitioner files the appeal as directed
above within fifteen days from today, the appellate authority
shall consider the same on merit without going into the
question of limitation.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 8729 OF 2020
APPENDIX OF WP(C) 8729/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE MEDICAL PRESCRIPTION
DATED 11.5.2015 ISSUED BY THE DEPARTMENT
OF MEDICAL ONCOLOGY, MIMS KOZHIKODE
EXHIBIT P2 THE TRUE COPY OF THE DISCHARGE SLIP DATED
26.08.2019 ISSUED BY ASTER MIMS KOZHIKODE
EXHIBIT P3 TRUE COPY OF THE RECEIPT OF PAYMENT OF
BUILDING TAX DATED 26.08.2013 PAID TO THE
PANCHAYATH
EXHIBIT P4 THE TRUE COPY OF THE NOTICE DATED
16.01.2019 ISSUED BY THE 1ST RESPONDENT TO
THE 1ST PETITIONER
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 21.08.2019
ISSUED BY THE 1ST RESPONDENT TO THE 1ST
PETITIONER
EXHIBIT P6 THE TRUE COPY OF THE NOTICE DATED
17.02.2020 ISSUED BY 2ND RESPONDENT TO THE
1ST PETITIONER
EXHIBIT P7 THE TRUE COPY OF THE REQUEST SENT BY THE
2ND PETITIONER TO THE 1ST RESPONDENT DATED
17.02.2020
