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K Kumar vs Assistant Labour Officer Grade Ii
2024 Latest Caselaw 31016 Ker

Citation : 2024 Latest Caselaw 31016 Ker
Judgement Date : 1 November, 2024

Kerala High Court

K Kumar vs Assistant Labour Officer Grade Ii on 1 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                                        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
                                                 2024:KER:80837
W.P.(C) No.3911 & 4353 of 2023
                                 :2:

     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
                                                2024:KER:80837
W.P.(C) No.3911 & 4353 of 2023
                                 :3:

     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
                                              2024:KER:80837
W.P.(C) No.3911 & 4353 of 2023
                                 :4:

     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
                                                2024:KER:80837
W.P.(C) No.3911 & 4353 of 2023
                                 :6:

     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
                                                 2024:KER:80837
W.P.(C) No.3911 & 4353 of 2023
                                 :7:

     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
                                              2024:KER:80837
W.P.(C) No.3911 & 4353 of 2023
                                 :8:

    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
                                           :9:




                            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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