Kerala High Court
Intuc Union vs G.Vigneshwaran on 12 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
RP NO.1061 OF 2024 IN
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
RP NO.1061 OF 2024
AGAINST THE JUDGMENT DATED 07.08.2024 IN WA NO.1089 OF
2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT IN WA:
INTUC UNION
POOL NO.27 UNDER THE KERALA HEADLOAD WORKERS
WELFARE BOARD MULANTHURUTHY,
SUB COMMITTEE
REPRESENTED BY ITS POOL LEADER MR.SUNEER K.J.,
AGED 38, S/O.JAMAL,
KALLUMADAKKAL HOUSE,
HOUSE NO.10/432,
MARITHAZHAM P.O. KANJIRAMATTOM,
ERNAKULAM, PIN - 682315
BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
BABU M.
ANCY THANKACHAN
XAVIER K.K.
KRISHNENDU.D
SRUTHY UNNIKRISHNAN
RESPONDENTS/APPELLANT/RESPONDENTS 1, 2, 4 AND 5 IN WA :
1 G.VIGNESHWARAN
AGED 43 YEARS
S/O P GUNALAN, AGED 43 YEARS, NO.3 ,
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SARAVANESHWARAR KOVIL STREET, ANNA NAGAR,
MADURAI NORTH, TAMILNADU, MANAGING PARTNER,
SARASHH DISTRIBUTORS, CHETHIKODE P O,
EDAKKATTUVAYAL, MULANTHURUTHI,
ERNAKULAM, PIN - 682313
2 THE DISTRICT POLICE CHIEF
ERNAKULAM RURAL,
OFFICE OF THE DISTRICT POLICE CHIEF,
ERNAKULAM RURAL, POWER HOUSE JUNCTION,
PERIYAR ROAD, ALUVA, PIN - 683101
3 STATION HOUSE OFFICER
MULANTHURUTHY POLICE STATION,
STEPHENSON COMPLEX, KARAVATTA KURIZ,
MULANTHURUTHY, PIN - 682314
4 THE CHAIRMAN
KERALA HEADLOAD WORKERS WELFARE BOARD,
OPPOSITE MULANTHURUTHY SERVICE CO-OPERATIVE
SOCIETY, PALLITHAZHAM, MUVATTUPUZHA
ERNAKULAM, PIN - 682314
5 THE DISTRICT LABOUR OFFICER
OFFICE OF THE DISTRICT LABOUR OFFICER,
CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
BY ADVS.
SARATHKUMAR TS
JISMEMOL JAMES(K/630/2020)
SHYAM KUMAR M.P(K/1543/2020)
ACHANKUNJU P.C(K/1096/2018)
VISHNU RAJAGOPAL(K/000896/2020)
D.VIMAL DEV(K/171/2013)
BY SRI.G.SREEKUMAR (CHELUR)(K/679/1997)-FOR R1
SMT.NISHA BOSE, SR.GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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ORDER
A.Muhamed Mustaque, J.
The review petition is filed along with an application to
condone the delay.
2. This Court directed the Assistant Labour
Officer to consider the nature of the goods for the purpose of
granting police protection and this Court further ordered that,
in case the goods required to be unloaded is of fragile nature,
which requires specialized handlers, police protection shall be
accorded to the appellant. Thereupon, the Assistant Labour
Officer passed an order classifying certain goods are fragile.
The review petition is at the instance of Union, the third
respondent in the writ appeal, contending that the
appellant/writ petitioner had not pleaded in the writ petition
that those goods were fragile and, therefore, this Court
committed a serious mistake in granting relief to the
appellant. It is to be noted that the review petitioner has come
up with the review petition after compliance of the order. If
RP NO.1061 OF 2024 IN
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there was a serious mistake on the part of this Court, that
ought to have been corrected at the threshold. We also gone
through the pleadings in the writ petition. In the writ petition,
it was clearly stated that specialised workers are required due
to the nature of the goods.
In such a situation, we find absolutely no scope for
review. With liberty to the petitioner to challenge the order of
the Assistant Labour Officer in accordance with law, the delay
petition and review petition stand dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
S.MANU
JUDGE
rkj
RP NO.1061 OF 2024 IN
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PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE PLAINT IN OS.647/2024
DATED 14-06-2024 FILED BY THE
APPELLANT/1ST RESPONDENT HEREIN
Annexure A2 A TRUE COPY OF THE LIST OF 36 ARTICLES
TERMED AS 'FRAGILE' CERTIFIED BY THE ALO
Annexure A3 A TRUE COPY OF THE PROCEEDINGS OF THE ALO
DATED 22-08-2024 ALONG WITH ITS ANNEXURE
Annexure A4 A TRUE COPY OF THE QUERY SUBMITTED BY THE
REVIEW PETITIONER UNDER RTI ACT DATED
13-08-2024 TO THE PUBLIC INFORMATION
OFFICER IN THE ASSISTANT DRUG CONTROLLER
OFFICE
Annexure A5 A TRUE COPY OF THE REPLY SUBMITTED BY THE
PUBLIC INFORMATION OFFICER DATED
27-08-2024
