Citation : 2024 Latest Caselaw 31016 Ker
Judgement Date : 1 November, 2024
2024:KER:80837
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 3911 OF 2023
PETITIONERS:
1 K KUMAR,
AGED 57 YEARS
S/O. KRISHNA PANICKER, KRISHNAVILASOM, KUNJUMMAL
MANNADAI, THOLOOR, UZHAMALAKKAL, ARYANADU,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
2 R V GOPAKUMAR,
AGED 40 YEARS
S/O. RAVEENDRAN NAIR.N, 5/527,
SINDU SADANAM, CHERUMANCHAL,
KOKKOTTELA, THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
3 SANCHU V,
AGED 36 YEARS
S/O. VIJAYAN, 14/81,
KAMUKARAKONATHU VEEDU,
ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
4 BINU P,
AGED 44 YEARS
S/O.PUSHPANGADHAN.V, 14/123,
NITHYA BHAVAN, KOTTAKKAKOM,
UNDAPPARA, ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
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5 B SHAJIKUMAR
AGED 36 YEARS
S/O. BHASKARAN.V, 6/484,
VIJAYA SADANAM, PERUMAL KATTAKKAL,
KOKKOTTELA (P.O), ARYANADU,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
6 R SHAJIMON
AGED 34 YEARS
S/O. RAVEENDRAN, 4/521,
ADARSH BHAVAN, CHENCHERI,
KOTTAKKAKOM (P.O), ARYANADU,
THIRUVANANTHAPURAM DISTRICT, PIN - 695542
7 C RAVEENDRAN
AGED 48 YEARS
S/O. CHAKRAPANI, 16/76,
THADATHRI KATHU VEEDU, VALIYAMALA,
CHERAPALLY, PARANDODU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
8 R SREEKUMAR
AGED 42 YEARS
S/O. RAJAN, 15/76,
AKSHAYA BHAVAN, ERAPULIMOODU,
ERAVOOR, ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
BY ADVS.
GOPAKUMAR R.THALIYAL
M.S.VIJAYACHANDRAN BABU
R.B.BALACHANDRAN
RESPONDENTS:
1 ASSISTANT LABOUR OFFICER GRADE II,
NEDUMANGAD (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695541
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2 JISHNU
CLERK,
OFFICER OF THE ASSISTANT LABOUR OFFICER,
NEDUMANGAD (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695541
3 CHAIRMAN,
KERALA HEADLOAD WORKERS WELFARE BOARD
DISTRICT COMMITTEE,
NEAR DPI, THIRUVANANTHAPURAM,
PIN - 695014
4 ABDUL RASHEED
AGED 47 YEARS
S/O.SAIDUMUHAMMED, SAHILA MANZIL,
KADAYARA VEEDU, KADUVAKUZHI,
PALLIVETTA, ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
5 S SHAJAHAN
AGED 40 YEARS
LAKSHAMVEEDU-12, PALLIVETTA,
ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
6 M NASSAR
AGED 30 YEARS
KADAYARA VEEDU, KADUVAKUZHI,
PALLIVETTA, ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
7 S SHAMNAD
AGED 32 YEARS
LAKSHAMVEEDU, PALLIVETTA,
ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
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8 S HAKKIM
AGED 39 YEARS
MANZIL, PLAVARATHALAKKAL,
PALLIVETTA, ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
9 SUDHEER
AGED 41 YEARS
ALTHAF MANZIL, PALLIVETTA,
ARYANADU (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
10 E NAVAS
AGED 42 YEARS
AYSHA MANZIL, MUMBALA,
KULAPPADA (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
11 S MUHAMMED SAJID,
AGED 27 YEARS
AMINA MANZIL, MUNPAIA,
MARANGD (P.O),
THIRUVANANTHAPURAM DISTRICT,
PIN - 695542
BY ADVS.
THOMAS ABRAHAM
C.S.AJITH PRAKASH
T.K.DEVARAJAN(K/253/1993)
BABU M.(K/1324/2019)
ANCY THANKACHAN(K/1704/2019)
NIDHIN RAJ VETTIKKADAN(K/000060/2020)
AKASH JOSHI(K/1200/2019)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.08.2024, ALONG WITH WP(C).4353/2023, THE
COURT ON 01.11.2024 DELIVERED THE FOLLOWING:
2024:KER:80837
W.P.(C) No.3911 & 4353 of 2023
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024/10TH KARTHIKA, 1946
WP(C) NO. 4353 OF 2023
PETITIONERS:
1 SHAMNAD S.,
AGED 35 YEARS
SON OF SAINLABDEEN, LAKSHAM VEED,
PALLIVETTA, ARYANAD P.O.,
THIRUVANANTHAPURAM, PIN - 695542
2 HAKKIM S.,
AGED 41 YEARS
SON OF SUBAIR KUNJU,
HASEENA MANSIL, PLAVARATHALAKKAL,
PALLIVETTA, ARYANAD P.O.,
THIRUVANANTHAPURAM, PIN - 695542
3 SHAJAHAN S.,
AGED 41 YEARS
SON OF SHIHABDEEN, LAKSHAM VEED 12,
PALLIVETTA, ARYANAD P.O.,
THIRUVANANTHAPURAM, PIN - 695542
4 MUHAMMED SAJID S.,
AGED 28 YEARS
SON OF SIDDIQUE, AMINA MANZIL,
MUNPALA, MARANGAD P.O.,
THIRUVANANTHAPURAM, PIN - 695542
5 SUDHEER,
AGED 42 YEARS
SON OF IBRAHIM, ALTHAF MANZIL,
PALLIVETTA, ARYANAD P.O.,
THIRUVANANTHAPURAM,
PIN - 695542
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6 NASAR M,
AGED 31 YEARS
SON OF MAHEEN, KADAYARA VEEDU,
KADUVAKUZHY, PALLIVETTA,
ARYANAD P.O., THIRUVANANTHAPURAM,
PIN - 695542
7 ABDUL RASHEED,
AGED 42 YEARS
SON OF SEYDU KUNJU, SHAHILA MANZIL,
KADAYARA VEEDU, KADUVAKUZHY,
PALLIVETTA, ARYANAD P.O.,
THIRUVANANTHAPURAM, PIN - 695542
8 NAVAS E.,
AGED 43 YEARS
SON OF ESUKUNJU, AYSHA MANZIL,
MUNPALA, KULAPPADA P.O.,
THIRUVANANTHAPURAM, PIN - 695542
BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN(K/253/1993)
BABU M.(K/1324/2019)
ANCY THANKACHAN(K/1704/2019)
NIDHIN RAJ VETTIKKADAN(K/000060/2020)
AKASH JOSHI(K/1200/2019)
RESPONDENTS:
1 DISTRICT LABOUR OFFICER/ THE APPELLATE
AUTHORITY,
OFFICE OF THE DISTRICT LABOUR OFFICER,
CIVIL STATION, KOLLAM,
PIN - 691013
2 THE ASSISTANT LABOUR OFFICER,
OFFICE OF THE ASSISTANT LABOUR OFFICER,
2ND FLOOR, REVENUE TOWER,
NEDUMANGAD, THIRUVANANTHAPURAM,
PIN - 695541
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3 KERALA HEADLOAD WORKERS WELFARE BOARD,
NEDUMANGAD SUB OFFICE, FIRST FLOOR,
SHAJI BUILDING, SOORYA ROAD,
NEDUMANGAD, THIRUVANANTHAPURAM-695541,
REPRESENTED BY ITS CHAIRMAN.
4 K.KUMAR,
KRISHNAVILASAM, KUNJUMMAL MANNADAI,
THOLOOR, UZHAMALAYKKAL,
ARYANAD P.O., THIRUVANANTHAPURAM,
PIN - 695542
5 R.V.GOPAKUMAR
5/527, SINDU SADANAM, CHERUMANJAL,
KOKKETTELA, THIRUVANANTHAPURAM.,
PIN - 695542
6 SANJU V.
14/81, KAMUKARAKONETHU HOUSE,
ARYANAD P.O., THIRUVANANTHAPURAM.,
PIN - 695542
7 BINU P.
14/123, NITHYA BHAVANAM,
KOTTAYIKKAKAM, UNDAPPARA,
ARYANAD P.O., THIRUVANANTHAPURAM.,
PIN - 695542
8 B. SHAJIKUMAR
6/484, VIJAYA SADANAM,
PERUMAL KATTAKKAL, KOKKETTELA,
ARYANAD P.O., THIRUVANANTHAPURAM.,
PIN - 695542
9 R.SAJIMON
4/521, ADARSH BHAVAN, CHENCHERI,
KOTTAYIKKAKAM, ARYANAD P.O.,
THIRUVANANTHAPURAM., PIN - 695542
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10 C.RAVEENDRAN
16/76, THADATHARIKATHU,
VALIYAMALA, CHERAPPALLY,
PARANDODU P.O.,
THIRUVANANTHAPURAM.,
PIN - 695542
11 R.SREEEKUMAR
15/76, AKSHAYA BHAVANAM,
ERAPPULLIMOODU, ERAVOOR, ARYANAD P.O.,
THIRUVANANTHAPURAM.,
PIN - 695542
BY ADVS.
GOPAKUMAR R.THALIYAL
THOMAS ABRAHAM
M.S.VIJAYACHANDRA ABABU(V-233)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.08.2024, ALONG WITH WP(C).3911/2023, THE
COURT ON 01.11.2024 DELIVERED THE FOLLOWING:
2024:KER:80837
W.P.(C) No.3911 & 4353 of 2023
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.3911 and 4353 of 2023
`````````````````````````````````````````````````````````````
Dated this the 1st day of November, 2024
JUDGMENT
~~~~~~~~~
The petitioners in W.P.(C) No.3911 of 2023, who
are registered headload workers holding identity cards issued
under Paragraph 6A(3) of the Kerala Headload Workers
(Regulation of Employment and Welfare) Scheme, 1981, seek
to direct respondents 1 to 3 to make arrangements for
implementation of Ext.P6 order. The petitioners further seek
to direct respondents 1 to 3 to permit them to do the loading
and unloading work in the fish market without any hindrance
from respondents 4 to 11.
2. The petitioners state that there are 13 registered
pool workers in AD-15 Pool of Aryanad. The petitioners are 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
therefore entitled to do loading and unloading work in the
entire area falling under AD-15 Pool at Aryanad. The office of
the 1st respondent-ALO issued Rule 26A headload workers
identity cards to respondents 4 to 11. Such cards were
issued to do headload work in a Scheme covered area.
Cards were issued to respondents 4 to 11 in a secret manner.
No notice was issued to the Kerala Headload Workers
Welfare Board before issuing Rule 26A card though it was a
Scheme covered area.
3. Therefore, the petitioners challenged grant of Rule
26A card before the District Labour Officer filing Ext.P3
appeal. On Ext.P3 appeal, the 3 rd respondent-Chairman of
the Welfare Board filed Ext.P5 report stating that the right to
do loading and unloading work in the fish market in question,
is vested with pool workers. The District Labour Officer
allowed the appeal as per Ext.P6 order and cancelled the
registration granted to respondents 4 to 11.
2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
4. The petitioners state that even after passing Ext.P6
order, respondents 4 to 11 are interfering with the loading and
unloading work in the fish market. The petitioners therefore
seek to implement Ext.P6 order.
5. W.P.(C) No.4353/2023 has been filed by
respondents 4 to 11 in W.P.(C) No.3911/2023 challenging the
aforesaid Ext.P6 order of the District Labour Officer.
Respondents 4 to 11 state that they are unattached scattered
headload workers carrying on the scattered loading and
unloading work in the Aryanad fish market since the year
2009. When the Headload Workers Scheme was extended to
the area where the fish market is situated, respondents 4 to
11 submitted application for registration under Rule 26A.
After conducting due enquiry, the ALO allowed their
application for registration. Respondents 4 to 11 were
thereafter issued with identity cards under Rule 26A of the
Kerala Headload Workers Rules, 1981.
2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
6. When the pool workers obstructed the petitioners
from doing loading and unloading work in the fish market, the
petitioners filed W.P.(C) No.10385/2022. This Court, as per
Ext.P12 judgment, directed that since a communication is
pending in appeal before the District Labour Officer, the
dispute between the petitioners and registered pool workers
should be considered by the District Labour Officer. The
petitioners were given liberty to approach the Station House
Officer if there is any overt acts by the pool workers. The
Station House Officer was directed to grant police protection
to the lives of the petitioners.
7. The District Labour Officer passed Ext.P13 order
cancelling the registration granted to the petitioners under
Rule 26A of the Kerala Headload Workers Rules, 1981 and
remanding back the petitioners' applications for registration for
fresh consideration by the Registering Authority.
8. The petitioners state that Ext.P13 order is highly
arbitrary and illegal. The registered pool workers have no 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
right to participate in an enquiry contemplated under Rule 26A
of the Kerala Headload Workers Rules. They have no right of
appeal under Rule 26C against grant of registration under
Rule 26A.
9. The petitioners further argued that Ext.P13 order
has been passed without considering the areas of work
allotted to the Pool workers. The scattered loading and
unloading work in Aryanad Fish Market was always carried
out by the petitioners and their predecessors. The pool
workers had never done that work. Ext.P13 is therefore liable
to be set aside.
10. The 3rd respondent-Kerala Headload Workers
Welfare Board filed a counter affidavit in W.P.(C)
No.4353/2023. The Board stated that Aryanad Fish Market is
functioning in a Scheme operationalised area coming under
Nedumangad Sub Office. The loading and unloading work in
respect of vegetables, cattle feeds, fertilisers, etc. was done
by the pool workers. After Covid-19 pandemic, three 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
commission shops for raw fish started functioning in the
market. In these shops, eight persons who do not have
registration were engaged. They started fighting with the pool
workers claiming right over headload work.
11. The matter was placed before the Sub Committee
of the Board. The Sub Committee sought a clarification from
Assistant Labour Officer. The Assistant Labour Officer
clarified that pool workers who are doing the work in the
market are entitled to do headload work in the fish market for
raw fish. However, on 08.12.2021, the ALO issued 26A cards
to the eight workers, without any consultation with the Board.
12. The petitioners in W.P.(C) No.4353/2023 filed W.P.
(C) No.10385/2022. This Court directed the 1st respondent
therein to pass orders on the appeals. This Court also
directed the Station House Officer to afford adequate police
protection to the lives of the petitioners. The District Labour
Officer passed Ext.P13 order dated 17.01.2023 setting aside
the order granting registration and remanding back the 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
application of the petitioners for fresh consideration.
13. The District Committee meeting held on
25.11.2022 came to a conclusion that the headload workers in
the Scheme implemented area have right to do the work. The
District Labour Officer cancelled the registration as any
loading and unloading work in a Scheme operationalised area
has to be given to Pool workers.
14. I have heard the learned counsel for the petitioners
in both the writ petitions and the learned Standing Counsel
representing the Kerala Headload Workers Welfare Board. I
have also heard the learned Government Pleader
representing the District Labour Officer.
15. W.P.(C) No.3911/2023 has been filed by the Pool
workers seeking to direct respondents 1 to 3 to implement
Ext.P6 order dated 17.01.2023 of the District Labour Officer
cancelling the 26A registration granted to the scattered
workers in Aryanad Fish Market, who are the petitioners in
W.P.(C) No.4353/2023. According to the scattered workers, 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
the Kerala Headload Workers (Regulation of Employment and
Welfare) Scheme was not extended to Aryanad Fish Market
and the scattered workers were doing loading and unloading
work in the area since the year 1994. In the year 2021, the
Pool workers staked claim for the loading and unloading work
in the fish market.
16. The Pool workers claim that Aryanad Fish Market
would come within the territorial area of AD-15 Pool. There
are 13 registered headload workers in the AD-15 Pool. The
question that has to be decided is whether the Pool workers
have exclusive right to do loading and unloading work in
Aryanad Fish Market. When the Chairman of the Welfare
Board sought information in this regard, the Assistant Labour
Officer has issued Ext.P2 communication dated 07.12.2021
pointing out the territorial area of the Aryanad Pool and at the
same time stating that the scattered workers have a right to
do the loading and unloading work in respect of raw fish in the
market.
2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
17. There is dispute between the Pool workers and
scattered workers and the scattered workers would claim that
Aryanad Fish Market is outside the territorial area of the Pool.
Assuming that the Aryanad Fish Market falls within the
territorial area of AD-15 Pool, then question would arise
whether a particular work in a market can be carved out from
the operation of the Scheme and exempted from the
provisions of the Scheme, 1983.
18. Section 13 of the Kerala Headload Workers Act,
1978 provides that the Government may, by notification in the
Gazette, make one or more Scheme or Schemes for any
employment or group of employments in one or more area or
areas specified in the Notification, and by similar Notification
add to, amend or vary any such Scheme or substitute another
Scheme for any such Scheme. The language employed in
Section 13 would indicate that the law making authority
contemplated making of Schemes not only applying to
territorial areas but to employment or group of employments 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
also.
19. Ext.P2 communication issued by the Assistant
Labour Officer, Nedumangad on 07.12.2021 would clearly
indicate that the Kerala Headload Workers (Regulation of
Employment and Welfare) Scheme was applicable to the area
lying within Aryanad - Nedumangad road, Aryanad -
Vellanad road, Aryanad - Pallivetta road and Kuttichal road.
The loading and unloading work of raw fish in Aryanad Fish
Market is exclusively set apart for scattered headload workers
who were not registered under the Scheme, 1983.
20. The petitioners in W.P.(C) No.3911/2023
challenged issuance of Rule 26A Card to the scattered
workers working in the Fish Market. The District Labour
Officer, who is the Appellate Authority under Rule 26C of the
Kerala Headload Workers Rules, cancelled the decision taken
by the Assistant Labour Officer / Registering Authority on
08.12.2021 to issue 26A Cards to the scattered workers, as
per Ext.P6 order. The District Labour Officer directed the 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
Assistant Labour Officer to reconsider the matter and take a
decision afresh.
21. The District Labour Officer found that the Assistant
Labour Officer while granting 26A Cards to the scattered
workers of Aryanad Fish Market did not give an opportunity of
hearing to the Pool workers who are aggrieved parties. The
District Labour Officer held that the principles of audi alterum
partem has been violated.
22. It may be noted that the District Labour Officer /
Appellate Authority passed Ext.P6 order dated 17.01.2023 on
an appeal preferred by the Pool workers who are petitioners
in W.P.(C) No.3911/2023. Whether Pool workers have a right
to maintain an appeal against a decision of the Registering
Authority to issue identity cards under Rule 26A came up for
consideration before the Full Bench of this Court in Suresh
Kumar R. and others v. District Labour Officer,
Thiruvananthapuram and others [2021 (2) KLT 313]. The
Full Bench of this Court held that in the case of Scheme 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
covered area, no unattached worker who has a registration
under Paragraph 6A of the Scheme 1983 has the right to be
participated in an enquiry contemplated under Rule 26A for
registration of attached workers. They would be represented
by the local committee before the Registering Authority. In a
Scheme covered area, when a fresh registration is granted
under Rule 26A to attached workers, then an unattached
worker or his Union or even the Pool leader can file an appeal
under Rule 26C against the fresh registration.
23. In these cases, though in Aryanad Fish Market the
scattered workers are given right under Rule 26A of the
Kerala Headload Workers Rules for doing loading and
unloading work, the territorial area comes within the Scheme
operationalised area. Therefore, appeal filed by the Pool
workers against grant of registration to the scattered workers
is maintainable. I do not find any illegality in the order dated
17.01.2023 in HLA(G) 10126/2022 of the District Labour
Officer remanding the issue of grant of Rule 26A Cards to the 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
scattered workers, to the Registering Authority.
W.P.(C) No.4353/2023 is therefore dismissed.
W.P.(C) No.3911/2023 is disposed of directing the Assistant
Labour Officer to reconsider the matter and take appropriate
decision in accordance with law expeditiously. As the
scattered workers, who are petitioners in W.P.(C)
No.4353/2023, have been working in the Aryanad Pool for
long, it is directed that the scattered workers like the
petitioners in W.P.(C) No.4353/2023 may be permitted to
continue to do loading and unloading work in Aryanad Fish
Market till the Registering Authority takes a decision in the
matter.
Sd/-
N. NAGARESH, JUDGE aks/28.10.2024 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
APPENDIX OF WP(C) 3911/2023
PETITIONERS' EXHIBITS
Exhibit P1 A ROUGH SKETCH SHOWING THE AREA OF OPERATION OF AD-15 POOL ARYANADU.
Exhibit P2 TRUE COPY OF THE LETTER DATED 19.07.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE APPEAL MEMORANDUM
DATED 26.07.2022 FILED BY THE
PETITIONERS BEFORE THE APPELLATE
AUTHORITY.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
25.08.2022 PASSED BY THIS HON'BTE
COURT IN W.P (C) NO. 10385/2022.
Exhibit P5 TRUE COPY OF THE REPORT DATED
29.11.2022.
Exhibit P6 TRUE COPY OF THE ORDER DATED
17.01.2023 PASSED BY THE DISTRICT
LABOUR OFFICER, THIRUVANANTHAPURAM. Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 19.01.2023.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 27.01.2023.
RESPONDENTS' EXHIBITS
EXHIBIT R7(A) A TRUE COPY OF THE MINUTES OF THE NEDUMANGAD SUB COMMITTEE OF KERALA HEADLOAD WORKERS WELFARE BOARD DATED 24.09.2021
EXHIBIT R7(B) A COPY OF THE LETTER NO. 378/2021/NDD DATED 07.12.2021
EXHIBIT R7(C) A TRUE COPY OF THE ORDER NO.
378/2021/NDD DATED 08.12.2021 ISSUED BY THE 1ST RESPONDENT 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
EXHIBIT R7(D) A TRUE COPY OF THE LETTER NO.
378/2021/ NDD DATED 15.09.2022 ISSUED BY THE 1ST RESPONDENT TO THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM (THE APPELLATE AUTHORITY
EXHIBIT R7(E) A TRUE COPY OF THE MINUTES OF THE MEETING DATED 12.10.2022 ISSUED BY THE PUBLIC INFORMATION OFFICER KERALA HEADLOAD WORKERS WELFARE BOARD, , THIRUVANANTHAPURAM OBTAINED BY THE DEPONENT UNDER RTI ACT
EXHIBIT R7(F) A TRUE COPY OF THE LETTER NO.
378/2021/NDD DATED 23.03.2023 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT 2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
APPENDIX OF WP(C) 4353/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF LETTER NO.NMD-64/2021 DATED 3.12.2021 ISSUED BY 3RD RESPONDENT TO THE PETITIONER'S UNION ALONGWITH COPY OF MINUTES OF MEETING HELD ON 24.9.2021 ATTACHED THEREWITH
Exhibit P2 TRUE COPY OF LETTER NO.378/2021/NDD DATED 7.12.2021 ISSUED BY 2ND RESPONDENT TO 3RD RESPONDENT
Exhibit P3 TRUE COPY OF ORDER NO.378/2021/NDD DATED 8.12.2021 PASSED BY 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF IDENTITY CARD DATED 9.12.2021 ISSUED BY 2ND RESPONDENT TO 1ST PETITIONER
Exhibit P5 TRUE COPY OF IDENTITY CARD DATED 9.12.2021 ISSUED BY 2ND RESPONDENT TO 2ND PETITIONER.
Exhibit P6 TRUE COPY OF IDENTITY CARD DATED 9.12.2021 ISSUED BY 2ND RESPONDENT TO 3RD PETITIONER.
Exhibit P7 TRUE COPY OF IDENTITY CARD DATED 9.12.2021 ISSUED BY 2ND RESPONDENT TO 4TH PETITIONER.
Exhibit P8 TRUE COPY OF IDENTITY CARD DATED 9.12.2021 ISSUED BY 2ND RESPONDENT TO 5TH PETITIONER.
Exhibit P9 TRUE COPY OF IDENTITY CARD DATED 9.12.2021 ISSUED BY 2ND RESPONDENT TO 6TH PETITIONER.
2024:KER:80837 W.P.(C) No.3911 & 4353 of 2023
Exhibit P10 TRUE COPY OF IDENTITY CARD DATED 9.12.2021 ISSUED BY 2ND RESPONDENT TO 7TH PETITIONER.
Exhibit P11 TRUE COPY OF IDENTITY CARD DATED 9.12.2021 ISSUED BY 2ND RESPONDENT TO 8TH PETITIONER.
Exhibit P12 TRUE COPY OF JUDGMENT DATED 25.8.2022 IN W.P.(C) NO.10385 OF 2022 BEFORE THIS HONOURABLE COURT
Exhibit P13 TRUE COPY OF ORDER NO.HLA(G) 10126/22 DATED 17.1.2023 PASSED BY 1ST RESPONDENT.
RESPONDENT'S EXHIBITS
Exhibit R4(a) True copy of the report dated 29.11.2022 filed by the 3rd respondent
PETITIONER'S EXHIBITS
Exhibit P14 A copy of the letter No. 378/2021/NDD dated 15.09.2022 sent by the 2nd respondent addressed to the 1st respondent
Exhibit P15 A true copy of the letter No 378/2021/NDD dated 23.03.2023 send by the 2nd respondent to the 1st respondent
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