Kerala High Court

Sajeeb S.A vs Kerala Headload Workers Welfare Board on 17 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                              2024:KER:77046
W.P.(C) No.29553/2024
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          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 17TH DAY OF OCTOBER 2024/25TH ASWINA, 1946

                    WP(C) NO. 29553 OF 2024

PETITIONERS:

    1      SAJEEB S.A.,
           AGED 37 YEARS,
           S/O. SAINULABUDEEN,
           PROPERITOR, SABITH ENTERPRISES,
           VEMBAYAM, NEDUMANGAD,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695615

    2      MOHAMED RASIK,
           AGED 31 YEARS,
           S/O. ABDUL AZEEZ,
           PROPRIETOR ALIF ENTERPRISES,
           MANICKAL, MP 13/415 C,
           MANCHADIMOODU, PIRAPPANCODE,
           VENJARAMOODU,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695607

    3      PRASHANTH M.,
           AGED 37 YEARS,
           S/O. MOHANAN,
           PROPRIETOR ANIZHAM BUILDING MATERIALS,
           MANCHADIMOODU, PIRAPPANCODE P.O.,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695607


           BY ADV.SRI.SHAJIN S.HAMEED


RESPONDENTS:

    1      KERALA HEADLOAD WORKERS WELFARE BOARD,
           REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
           HEAD OFFICE, SRM ROAD, ERNAKULAM NORTH,
           KALOOR, ERNAKULAM DISTRICT, PIN - 682018
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W.P.(C) No.29553/2024
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    2      THE CHAIRPERSON,
           KERALA HEADLOAD WORKERS WELFARE BOARD,
           VENJARAMOODU SUB OFFICE, 2ND FLOOR,
           MANICKAL MALL, MARKET ROAD,
           NEAR KSRTC BUS STAND, VENJARAMOODU,
           THIRUVANANTHAPURAM DISTRICT,
           PIN - 695607

    3      ASSISTANT LABOUR OFFICER, ATTINGAL,
           OFFICE OF THE ASSISTANT LABOUR OFFICE,
           MINI CIVIL STATION, ATTINGAL,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695101

           BY ADVS.
           SRI.THOMAS ABRAHAM, SC
           SMT.RESMI THOMAS, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.29553/2024
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                           JUDGMENT

Dated this the 17th day of October, 2024

The petitioners are in the trade and business of sale

of building construction materials like steel, cement bags,

roofing materials, etc. The establishment of the petitioners is

situated in Koppam in Thiruvananthapuram District. The

Kerala Headload Workers (Regulation of Employment and

Welfare) Scheme, 1983 was not made extended to the

territorial area where the establishment is situated, contend

the petitioners.

2. The grievance of the petitioners is that

recently the territorial areas of certain headload workers'

pools were changed and it is now claimed that the

establishment falls within an area where the Scheme is

applicable. The pool workers are now demanding work from

the establishment of the petitioners.

2024:KER:77046

3. In the circumstances, the existing headload

workers, who were engaged by the petitioners submitted

applications for registration under Rule 26A of the Kerala

Headload Workers Rules, 1981, as per Exts.P8 to P11 and

P13 to P23. The said applications are not being processed

and orders are not passed by the Registering Authority. In the

meanwhile, the registered pool workers are demanding work

from the establishment of the petitioners.

4. Government Pleader, on instructions,

submitted that in response to the applications for registration

received by the Assistant Labour Officer, a hearing was

conducted on 25.09.2024. Notices of inspection were issued

to the employers. The applications are under process.

5. I have heard the learned counsel for the

petitioners, the learned Standing Counsel representing

respondents 1 and 2 and the learned Government Pleader

representing the 3rd respondent.

6. As the applications in Exts.P8 to P11 and

P13 to P23 are statutory applications filed under the 2024:KER:77046

provisions of the Kerala Headload Workers Act, 1978 and

Rules, 1981, such applications will have to be considered and

orders passed by the Registering Authority within a

reasonable time. As the Registering Authority has already

issued notice of hearing and inspection, I am of the view that

the writ petition can be disposed of with appropriate direction.

In the facts of the case, the writ petition is disposed

of directing the 3rd respondent to pass final orders on Exts.P8

to P11 and P13 to P23 in accordance with law within a period

of two months. Till a decision is taken by Assistant Labour

Officer on the Rule 26A applications, the petitioners will be

entitled to engage the workers named in Exts.P8 to P11 and

P13 to P23. However, this will be subject to the orders to be

passed by the Assistant Labour Officer.

Sd/-

N. NAGARESH JUDGE SR 2024:KER:77046

APPENDIX OF WP(C) 29553/2024

PETITIONER'S EXHIBITS:

Exhibit-P1 PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION DATED 31/01/2011 ISSUED BY THE COMMERCIAL TAX OFFICER, NEDUMANGAD TO THE 1ST PETITIONER.

Exhibit-P2 PHOTOCOPY OF THE REGISTRATION CERTIFICATE DATED 08/02/2021 ISSUED BY THE GOVERNMENT OF INDIA IN THE NAME OF 1ST PETITIONER.

Exhibit-P3 PHOTOCOPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE GOVERNMENT OF INDIA TO THE 2ND PETITIONER DATED 14/12/2023.

Exhibit-P4 PHOTOCOPY OF THE LICENSE DATED 01/04/2024 ISSUED BY THE SECRETARY, MANICKAL GRAMA PANCHAYAT TO THE 2ND PETITIONER.

Exhibit-P5 PHOTOCOPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE GOVERNMENT OF INDIA TO THE 3RD PETITIONER DATED 09/11/2021.

Exhibit-P6 PHOTOCOPY OF THE LICENSE DATED 02/08/2024 ISSUED BY THE SECRETARY, MANICKAL GRAMA PANCHAYAT TO THE 3RD PETITIONER.


Exhibit-P7              PHOTOCOPY   OF    THE     ORDER   DATED
                        12/01/2024   PASSED     BY    THE   2ND
                        RESPONDENT.

Exhibit-P8              PHOTOCOPY OF THE APPLICATION DATED

28/06/2024 SUBMITTED BY THE EMPLOYEE NAMED SIDHEEK OF THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P9 PHOTOCOPY OF THE APPLICATION DATED 28/06/2024 SUBMITTED BY THE EMPLOYEE NAMED ANILKUMAR OF THE 1ST PETITIONER 2024:KER:77046

BEFORE THE 3RD RESPONDENT.

Exhibit-P10 PHOTOCOPY OF THE APPLICATION DATED 28/06/2024 SUBMITTED BY THE EMPLOYEE NAMED ABIN OF THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P11 PHOTOCOPY OF THE APPLICATION DATED 28/06/2024 SUBMITTED BY THE EMPLOYEE NAMED MOHAMMED RASHID OF THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.


Exhibit-P12             PHOTOCOPY   OF    THE   NOTICE    DATED
                        22/07/2024    ISSUED   BY    THE    3RD

RESPONDENT TO THE 1ST PETITIONER.

Exhibit-P13 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED SUMESH KUMAR OF THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P14 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED MUHAMMED IMANSHAN OF THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P15 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED NISHAD OF THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P16 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED AJITH OF THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P17 PHOTOCOPY OF THE APPLICATION DATED 06/08/2024 SUBMITTED BY THE EMPLOYEE NAMED ANIL KUMAR ROY OF THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P18 PHOTOCOPY OF THE APPLICATION DATED 06/08/2024 SUBMITTED BY THE EMPLOYEE NAMED MAHADEB RAY OF THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

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Exhibit-P19 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED ANILKUMAR OF THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P20 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED SANTHOSH LODHI, OF THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P21 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED SREEKANDAN NAIR. V OF THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P22 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED SREEKANDAN NAIR. S., OF THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P23 PHOTOCOPY OF THE APPLICATION DATED 02/08/2024 SUBMITTED BY THE EMPLOYEE NAMED RAJESH UJIR OF THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS:

EXHIBIT R1(a) THE TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE THIRUVANANTHAPURAM DISTRICT COMMITTEE OF THIS RESPONDENT BOARD HELD ON 27/09/2022.