Kerala High Court
M/S. Pondy Meridian Tiles & Sanitaries vs The District Labour Officer on 7 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:83145
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 34000 OF 2024
PETITIONER:
1 M/S. PONDY MERIDIAN TILES & SANITARIES
REPRESENTED BY ITS MANAGING PARTNER ABDUL
RAHEEM P, AGED 56 YEARS, S/O. UMMER HAJI,
SHAMIYA, PALLIKUNI, OLAVILAM PO, THALASSERY,
KANNUR DISTRICT, PIN - 673313
ADDL P2 JITHIN LAL A.V.
AGED 37 YEARS, S/O. SREEDHARAN,
VARAPURATH MEETHAL, OLLAVILAM PO,
THALASSERY, KANNUR DISTRICT-673 317.
ADDL P3 RAJEEVAN C.M.
AGED 38 YEARS, S/O. GOVINDAN KUTTY,
CHANDROTH MEETHAL, KARIYAD PO, THALASSERY,
KANNUR DISTRICT-673 316
[ADDL.P2 AND ADDL.P3 ARE IMPLEADED AS PER ORDER
DATED 08.10.2024 IN I.A.1/2024 IN WP(C)
NO.34000 OF 2024].
BY ADVS.
T.P.SAJID
K.P.MOHAMED SHAFI
SHIFA LATHEEF
SREESHMA B. CHANDRAN
MUHAMMED HAROON A.N.
HASHARURAHIMAN U.
MOHEMED FAVAS
MUHAMMED BILAL K.
2024:KER:83145
WP(C) No.34000 of 2024
2
RESPONDENTS:
1 THE DISTRICT LABOUR OFFICER
OFFICE OF THE DISTRICT LABOUR OFFICER,
THAVAKKARA, KANNUR DISTRICT, PIN - 670002
2 THE ASSISTANT LABOUR OFFICER
OFFICE OF THE ASSISTANT LABOUR OFFICER,
PALISSERY, THALASSERY, KANNUR DISTRICT,
PIN - 670104
ADDL R3 KERALA HEADLOAD WORKERS WELFARE BOARD
FOOD GRAINS BHAVAN BUILDING, 2ND FLOOR,
RAJIV GANDHI ROAD, JS PAUL JN,
KANNUR DISTRICT - 670 001
[ADDL.R3 IS IMPLEADED AS PER ORDER DATED
08.10.2024 IN I.A.1/2024 IN WP(C)34000/2024].
BY ADV K.S.ARUN KUMAR
SMT. SHEEJA C.S., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.34000 of 2024
3
JUDGMENT
Dated this the 7th day of November, 2024
The petitioners state that Exts.P5 and P6 applications
for registration under Rule 26A of the Kerala Headload
Workers Rules, 1978 have been submitted on behalf of the
1st petitioner's attached workers. In spite of repeated
reminders, the applications are not being processed.
2. Standing Counsel entered appearance on
behalf of the additional 3rd respondent and resisted the writ
petition. On behalf of the additional 3rd respondent, it is
submitted that it is a Scheme covered area and any such
application can be considered only with notice and after
hearing the additional 3rd respondent.
3. I have heard the learned counsel for the
petitioners, the learned Senior Government Pleader
representing respondents 1 and 2 and the learned Standing
2024:KER:83145
Counsel representing the additional 3rd respondent.
4. Exts.P5 and P6 applications produced by the
petitioners are statutory applications submitted under Rule
26A(1) of the Kerala Headload Workers Rules, 1978.
Therefore, it is just and proper that the Registration Authority
considers the same and take appropriate decision thereon
within a reasonable time.
The writ petition is therefore disposed of directing the
2nd respondent-Assistant Labour Officer to consider Exts.P5
and P6 applications submitted by the petitioners and take
appropriate decision thereon, within a period of three months,
with notice to the additional 3rd respondent.
Sd/-
N.NAGARESH
JUDGE
spk
2024:KER:83145
APPENDIX OF WP(C) 34000/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT DATED
01/07/2024
Exhibit P2 TRUE COPY OF THE TAX RECEIPT RECEIVED
AFTER PAYING LICENSE FEE DATED
05/08/2024 ISSUED BY THE CHOKLI GRAMA
PANCHAYATH, KANNUR
Exhibit P3 TRUE COPY OF THE LICENSE ISSUED BY THE
CHOKLI GRAMA PANCHAYAT DATED
05/08/2024 TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE IDENTITY CARD ISSUED
BY THE KERALA HEADLOAD WORKERS WELFARE
BOARD , THALASSERY TO THE VINEESH P.,
SREEJITH M.K. AND SUMESH K.
Exhibit P5 TRUE COPY OF THE ONLINE APPLICATION
DATED 19/09/2024 FOR REGISTRATION OF
HEAD LOAD WORKERS, NAMELY, JITHIN LAL
A.V.
Exhibit P6 TRUE COPY OF THE ONLINE APPLICATION
DATED 19/09/2024 FOR REGISTRATION OF
HEAD LOAD WORKERS, NAMELY, RAJEEVAN
C.M.
