Kerala High Court
M/S. Ck Materials @ Ceeke Materials vs The State Of Kerala on 26 March, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:26580
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 35251 OF 2024
PETITIONERS:
1 M/S. CK MATERIALS @ CEEKE MATERIALS
XIV/203.204, CHENOLI ROAD, PERAMBRA, KOZHIKODE-,
REPRESENTED BY ITS PROPRIETOR, MR. BIJU C.K., PIN - 673 525.
2 JAMSHEER M,
MUTHANGAYIL HOUSE, CHENOLI POST, PERAMBRA, KOZHIKODE,
PIN - 673 525.
BY ADVS.
TERRY V.JAMES
ABRAHAM KOLLINAL
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, LABOUR AND SKILLS
DEVELOPMENT DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISTRICT LABOUR OFFICER KOZHIKODE,
APPELLATE AUTHORITY UNDER THE KERALA HEAD LOAD WORKERS
ACT OFFICE OF THE DISTRICT LABOUR OFFICER, ERANHIPALAM,
CIVIL STATION, KOZHIKODE, PIN - 673 020.
3 THE ASSISTANT LABOUR OFFICER, KOYILANDI,
REGISTERING AUTHORITY UNDER THE KERALA HEAD LOAD
WORKERS ACT. OFFICE OF THE ASSISTANT LABOUR OFFICER,
WP(C) NO.35251 OF 2024 : 2 :
2025:KER:26580
KOYILANDI, PIN - 673 305.
4 THE HEADLOAD WORKERS WELFARE FUND BOARD,
PERAMBRA SUB COMMITTEE/OFFICE, REPRESENTED BY ITS
CONVENOR, M.K. BUILDING, CHEBRA ROAD, PERAMBRA,
KOZHIKODE, PIN - 673 525.
5 SURESH P.M ( SOUGHT TO BE IMPLEADED )
S/O KUNJIKANNAN, PULEEKANDI, KUTTOTH, MEPPAYOOR,
CHERUVANOOR, KUTTOTH, KOZHIKKODE DISTRICT
PIN-673 524.
6 ABDUL SAMAD ( SOUGHT TO BE IMPLEADED )
S/O KADEESA, MURINGURU, ERAVATOOR PO, KOZHIKKODE
DISTRICT, PIN- 673 525.
7 MANOJAN V ( SOUGHT TO BE IMPLEADED )
S/O KUNJIRAMAN, MALAPPADIKANDIMETHAL, PERAMBRA P.O,
KOZHIKKODE DISTRICT, PIN- 673 525.
8 ABDUL RIYAZ.V.O ( SOUGHT TO BE IMPLEADED )
S/O MOIDEEN, VALIYA OTHAYOTH, ERAVATTUR, ERAVATTUR,
KOZHIKODE DISTRICT, PIN -673 525.
BY ADVS.
K.S.ARUN KUMAR
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
SHEEJA C.S, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.35251 OF 2024 : 3 :
2025:KER:26580
JUDGMENT
The 1st petitioner is a Sole Proprietorship engaged
in the stock/ sale of building materials, Paint,
Electricals, Hardware etc and the 2 nd petitioner is the
headload worker in the 1st petitioner's establishment.
The 2nd petitioner submitted Ext.P3 application before
the 3rd respondent for registration under Rule 26A of
the Kerala Headload Workers Rules, 1981 (for short,
Rules'). The 3rd respondent rejected the application on
the ground that the 2nd petitioner was seen working as
a salesman during the inspection and that the attached
workers, who have already been granted registration
under Rule 26A are sufficient to carry out the headload
work in the establishment.
2. The 2nd petitioner preferred Ext.P5 appeal and
2025:KER:26580
the same was rejected by the 2nd respondent vide Ext.P6
confirming Ext.P4. In Ext.P6, the Appellate Authority
has observed that, in the nature of the work in the
establishment, the attached workers who have already
been issued 26A cards are sufficient.
3. The learned Counsel for the petitioners
submits that four attached workers referred to Ext.P4
and P6 have left the service of the establishment and
the present workers who are having 26A cards are not
sufficient to carry out the loading and unloading work
in the establishment.
4. If that be so, it will be open to the 2 nd
petitioner to make fresh application for registration
under Rule 26A of the Rules before the 3 rd respondent
and the 3rd respondent shall consider such application in
2025:KER:26580
accordance with law. All the contentions of the
petitioners are left open.
With the said observation, the writ petition is
disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2025:KER:26580
APPENDIX OF WP(C) 35251/2024
PETITIONERS' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LICENSE BY THE PERAMBRA
GRAMA PACHAYATH DATED 11/9/2024.
EXHIBIT P2 TRUE COPY OF THE AMENDED GST CERTIFICATE OF
THE 1ST PETITIONER DATED 3.2.2020.
EXHIBIT P3 TRUE COPY OF THE 26A APPLICATION DATED
11.12.2023 OF THE 2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF ORDER NO. 58/2023 DATED 27.9.2023
OF THE 3RD RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE APPEAL DATED 12.12.2023
AGAINST EXHIBIBT-P4 ORDER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P6 TRUE COPY OF ORDER NO. 3141/2023 DATED 4.1.2024
OF THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ATTENDANCE REGISTER
MAINTAINED BY THE 1ST PETITIONER FOR THE
PERIOD MARCH 2023 TO NOVEMBER 2023.
EXHIBIT P8 TRUE COPY OF THE WAGE SLIPS MAINTAINED BY THE
1ST PETITIONER WITH RESPECT TO THE 2ND
PETITIONER FOR THE PERIOD MARCH 2023 TO
NOVEMBER 2023.
RESPONDENTS' ANNEXURES
Annexure A1a TRUE COPY OF REGISTRATION CARD OF 1ST
IMPLEADING PETITIONER DATED 24.11.2022.
Annexure A1b TRUE COPY OF REGISTRATION CARD OF 2ND
IMPLEADING PETITIONER DATED 01.08.2015.
Annexure A1c TRUE COPY OF REGISTRATION CARD OF 3RD
IMPLEADING PETITIONER DATED 15.01.2008.
2025:KER:26580
Annexure A1d TRUE COPY OF REGISTRATION CARD OF 4TH
IMPLEADING PETITIONER DATED 16.07.2007.
RESPONDENT EXHIBITS
Exhibit R4(a) TRUE COPY OF THE ORDER DATED 18.05.2022 IN RP
No. 88/2022.
Exhibit R4(b) TRUE COPY OF THE JUDGMENT DATED 11.01.2024 IN
WA No. 1119/2019.
Exhibit R4(c) A TRUE COPY OF THE LETTER No. I/1040414/2024
DATED 22.10.2024 SENT BY THE CHAIRMAN OF
RESPONDENT BOARD TO THE PROPRIETOR OF THE 1ST
PETITIONER ESTABLISHMENT.
Exhibit R5(a) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT
DATED 09.10.2024.
Exhibit R5(b) TRUE COPY OF THE ORDER OF THE DEPUTY LABOUR
OFFICER DATED 25.10.2024.
Exhibit R5(c) TRUE COPY OF THE ORDER OF THE DISTRICT LABOUR
OFFICER DATED 08.11.2024.
