Kerala High Court
Raju Tanti vs State Of Kerala on 25 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:71351
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33091 OF 2024
PETITIONERS:
1 RAJU TANTI
AGED 33 YEARS, S/O. KANTA TANTI,
HEAD LOAD WORKER, VGC BEENA PRIVATE LIMITED,
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT., PIN - 686012.
2 NAYANMONI HASDA
AGED 21 YEARS, S/O. RAJEN HASDA,
HEAD LOAD WORKER, VGC BEENA PRIVATE LIMITED,
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT., PIN - 686012.
3 LAKHI HASDA
AGED 18 YEARS, S/O. CHAMRA HASDA,
HEAD LOAD WORKER, VGC BEENA PRIVATE LIMITED,
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT., PIN - 686012.
4 JUGANU JARIYA
AGED 35 YEARS, S/O. SHANTI JARIYA,
HEAD LOAD WORKER, VGC BEENA PRIVATE LIMITED,
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT., PIN - 686012.
5 BAYSHAGU BHUMJI
AGED 41 YEARS
S/O. RAJEN BHUMJI, HEAD LOAD WORKER,
VGC BEENA PRIVATE LIMITED, PATHINANCHIL PADI,
PAKKIL, NATTAKAM, KOTTAYAM PIN - 686012.
W.P.(C)No.33091 of 2024
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6 BIPIN MURMU
AGED 33 YEARS, S/O. BIRDHAR MURMU,
HEAD LOAD WORKER, VGC BEENA PRIVATE LIMITED,
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT., PIN - 686012.
7 ANJAY BHUMIJ
AGED 23 YEARS, S/O. AJIT BHUMJI,
HEAD LOAD WORKER, VGC BEENA PRIVATE LIMITED,
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT., PIN - 686012.
8 MILON BORO
AGED 28 YEARS, S/O. ANIL BORO,
HEAD LOAD WORKER, VGC BEENA PRIVATE LIMITED,
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT., PIN - 686012.
9 GUNU BHUMIZ
AGED 34 YEARS, S/O. RAJAN BHUMIZ,
HEAD LOAD WORKER, VGC BEENA PRIVATE LIMITED,
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT., PIN - 686012.
0 LAKI JARIYA
AGED 23 YEARS, S/O. JARIYA, HEAD LOAD WORKER,
VGC BEENA PRIVATE LIMITED, PATHINANCHIL PADI,
PAKKIL, NATTAKAM, KOTTAYAM PIN - 686012.
11 VGC BEENA PRIVATE LIMITED
PATHINANCHIL PADI, PAKKIL, NATTAKAM,
KOTTAYAM DISTRICT PIN - 686012
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV NIREESH MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001.
W.P.(C)No.33091 of 2024
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2 THE DEPUTY LABOUR COMMISSIONER
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
ETTUMANOOR (P.O), KOTTAYAM PIN - 686631.
3 THE ASSISTANT LABOUR OFFICER
OFFICE OF THE ASSISTANT LABOUR OFFICER,
KOTTAYAM., PIN - 686002.
4 THE DISTRICT LABOUR OFFICER
OFFICE OF THE DISTRICT LABOUR OFFICER,
KOTTAYAM., PIN - 686002.
BY ADV.SMT.RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.33091 of 2024
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JUDGMENT
Dated this the 25th day of September, 2024
The petitioners are before this Court aggrieved by the
non-consideration of Exts.P1 to P10 applications submitted by
petitioners 1 to 10 for registration as Headload Workers under
the Headload Workers Act, Rules and Scheme framed
thereunder.
2. The 11th petitioner is the employer of petitioners
1 to 10. The 11th petitioner is engaged in the business of selling
construction materials having wide range of products. The 11 th
petitioner used to engage local headload workers. However,
there are certain products sold by the 11th petitioner which are
fragile in nature. The unskilled headload workers handling
sensitive goods is causing economic loss to the 11 th petitioner.
Moreover, the establishment of the 11 th petitioner also faced
several issues with respect to payments to the headload
workers.
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3. Petitioners 1 to 10 submitted Exts.P1 to P10
applications before the 3rd respondent under Rule 26A of the
Kerala Headload Workers Rules, 1981 for registration as
headload workers.
4. Even though Exts.P1 to P10 applications were
submitted as early as on 16.07.2024, no orders have been
passed by the 3rd respondent till date. The 11 th petitioner had
submitted Ext.P11 request before the 3rd respondent to issue
temporary labour cards to petitioners 1 to 10. However,
Ext.P11 request has also not been considered till date,
contends the Counsel for the petitioners.
5. I have heard the learned Counsel for the petitioners
and the learned Government Pleader representing the
respondents.
6. Exts.P1 to P10 are the applications submitted by the
petitioners. Exts.P1 to P10 are statutory in nature those being
filed under Rule 26 A of the Kerala Headload Workers Rules,
1981. Therefore, the competent Registering Authority has to
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consider the same and pass appropriate orders thereon within
a reasonable time.
The writ petition is therefore disposed of directing the 3 rd
respondent to consider Exts.P1 to P10 applications for
registration of headload workers filed by the petitioners and
take appropriate decision thereon within a period of three
months.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 33091/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P2 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P3 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 3RD
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P4 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 4TH
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P5 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 5TH
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P6 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 6TH
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P7 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 7TH
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
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Exhibit P8 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 8TH
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P9 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 9TH
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P10 TRUE PHOTO COPY OF THE APPLICATION DATED
16.07.2024 SUBMITTED BY THE 10TH
PETITIONER BEFORE THE 3RD RESPONDENT
ALONG WITH ITS RECEIPT
Exhibit P11 TRUE PHOTO COPY OF THE COMMUNICATION
DATED 24.07.2024 SUBMITTED BY THE 11TH
PETITIONER BEFORE THE 3RD RESPONDENT
