Kerala High Court
Biju P P vs The State Of Kerala on 23 October, 2025
2025:KER:79605
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 32052 OF 2025
PETITIONERS:
1 BIJU P P,
AGED 49 YEARS, OLD PAYALIPARAMBIL HOUSE,
PERUMBILLIL P O, MULANTHURUTHI, ERNAKULAM,
PIN - 682 314.
2 BIJU V M,
AGED 52 YEARS
VELIKKAKKATH HOUSE, KATTIKUNNU,CHEMBU P O,
KOTTAYAM, PIN - 686 608.
3 RENJITH T R,
AGED 50 YEARS
THOLOOR HOUSE KENNEDY MUKKU, VAZHAKKALA,
THRIKKAKKARA P O, ERNAKULAM, PIN - 682 021.
4 ZAKIR HUSSAIN,
AGED 33 YEARS
MAKUMARI, KAVAYIMARI P O, SAMAGURI, NAGAN,ASSAM,
PIN - 782 140.
5 SAIFUL ISLAM,
AGED 20 YEARS
MAGUMARI, SAMAGURI NAGAN, ASSAM, PIN - 782 140.
BY ADVS.
SRI.SARATHKUMAR.T.S
SMT.JISMEMOL JAMES
SRI.G.SREEKUMAR (CHELUR)
SRI.RONY V.P.
SMT.VISHNUJA VASUDEVAN
SRI.D.VIMAL DEV
SRI.SHYAM KUMAR M.P
2025:KER:79605
WP(C) NO. 32052 OF 2025
2
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
(LABOUR & SKILLS DEPARTMENT), SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695 001.
2 THE ASSISTANT LABOUR OFFICER,
PERUMBAVOOR, MINI CIVIL STATION, PERUMBAVOOR,
KERALA, PIN - 683 542.
3 THE DISTRICT LABOUR OFFICER,
CIVIL STATION, KAKKANAD, ERNAKULAM, KERALA,
INDIA, PIN - 682 030.
4 THE CHAIRMAN,
KERALA HEAD LOAD WORKERS WELFARE BOARD,
PLAKKUZHI BUILDING, HILL PALACE ROAD,
CHATHAARI,THRIPPUNITHURA, PIN - 682 301.
5 TENY DEVASSY,
PROPRIETOR, BRICK STONE ENTERPRISES, MATTAKKUZHY,
KOKKAPPILLY, ERNAKULAM, PIN - 682 305.
BY ADVS
SHRI.K.S.ARUN KUMAR (FOR R4)
SRI. V. K. SUNIL, GP,
ADV. DANIEL A.J (FOR R5)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:79605
WP(C) NO. 32052 OF 2025
3
JUDGMENT
This writ petition has been filed challenging Ext.P13
order of the Assistant Labour Officer, Perumbavoor, and
Ext.P19 appellate order of the District Labour Officer,
Ernakulam, confirming Ext.P13 order. By Ext.P13
impugned order, the claim raised by the petitioners for
registration under Rule 26 A of the Kerala Headload
Workers Rules, 1981 (hereinafter referred to as the
'Rules'), was rejected by the Assistant Labour Officer on
the ground that the employer (5th respondent) had not
submitted certain forms and details and also on the ground
that the grant of registration to the petitioners may result
in loss of livelihood for the pool workers. It is not disputed
before me that the area in question is a scheme covered
area, and therefore, the petitioners can engage in loading
and unloading work only after obtaining registration under
Rule 26A of the Rules.
2. The learned counsel appearing for the petitioners
would submit that Ext.P13 itself records that necessary
2025:KER:79605
WP(C) NO. 32052 OF 2025
forms were submitted by the 5th respondent (employer). It
is submitted that going by a Division Bench judgment of
this Court in Kerala Headload Workers Welfare Board
v. Nishad M.B.; 2022 (5) KLT 188 , it is not open for the
Assistant Labour Officer to conclude that registration
under Rule 26A of the Rules could not be granted on
account of the fact that the grant of registration may result
in loss of livelihood for the pool workers.
3. The learned counsel appearing for the
4th respondent would submit that while one of the reasons
given by the Assistant Labour Officer, that the grant of
registration may result in loss of livelihood for the pool
workers, may not be sustainable in the light of the law laid
down in Kerala Headload Workers Welfare Board
(supra), the fact remains that the 5th respondent had failed
to maintain necessary registers and submit necessary
forms before the Assistant Labour Officer to conclude that
the petitioners were entitled to registration under
Rule 26A of the Rules.
2025:KER:79605
WP(C) NO. 32052 OF 2025
4. Heard the learned Government Pleader also.
5. Having heard the learned counsel appearing for
the petitioners, the learned counsel appearing for the
4th respondent, the learned Government Pleader appearing
for the official respondents, and the learned counsel
appearing for the 5th respondent, I am of the view that, in
the facts and circumstances noticed above, the matter has
to be reconsidered by the Assistant Labour Officer
(the 2nd respondent).
6. Accordingly, this writ petition will stand disposed
of, directing the 2nd respondent to reconsider the matter in
accordance with the law, keeping in mind the law laid
down by the Division Bench of this Court in Kerala
Headload Workers Welfare Board (supra). If, on a
reconsideration of the matter, the 2nd respondent finds that
the petitioners have satisfied all conditions for registration
under Rule 26A of the Rules, such registration shall be
granted to them. If any details are to be submitted by the
5th respondent, it will be open to the 2 nd respondent to call
2025:KER:79605
WP(C) NO. 32052 OF 2025
for such details from the 5 th respondent for consideration
of the claim raised by the petitioners. I make it clear that
I have not expressed any opinion on the merits of the
matter, and it will be open to the 2 nd respondent to take a
fresh decision in the matter, in accordance with the law,
after keeping in mind the law laid down by this Court in
Kerala Headload Workers Welfare Board (supra). In
order to enable the reconsideration of the matter by the
2nd respondent, Exts.P13 and P19 will stand set aside. The
2nd respondent shall endeavour to pass fresh orders, as
directed above, within a period of two months from the
date of receipt of a certified copy of this judgment.
Sd/-
GOPINATH P.
JUDGE
ats
2025:KER:79605
WP(C) NO. 32052 OF 2025
APPENDIX OF WP(C) 32052/2025
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPOINTMENT LETTER
OF 1ST PETITIONER DATED 25.03.2025.
Exhibit P2 A TRUE COPY OF THE APPOINTMENT LETTER
OF 2ND PETITIONER DATED 25.03.2025.
Exhibit P3 A TRUE COPY OF THE APPOINTMENT LETTER
OF 3RD PETITIONER DATED 25.03.2025.
Exhibit P4 A TRUE COPY OF THE APPOINTMENT LETTER
OF 4TH PETITIONER DATED 25.03.2025.
Exhibit P5 A TRUE COPY OF THE APPOINTMENT LETTER
OF 5TH PETITIONER DATED 25.03.2025.
Exhibit P6 A TRUE COPY OF THE APPLICATION
SUBMITTED BY 1ST PETITIONER TO THE 2ND
RESPONDENT ASSISTANT LABOUR OFFICER
DATED 28.03.2025.
Exhibit P7 A TRUE COPY OF THE APPLICATION
SUBMITTED BY 2ND PETITIONER TO THE 2ND
RESPONDENT ASSISTANT LABOUR OFFICER
DATED 28.03.2025.
Exhibit P8 A TRUE COPY OF THE APPLICATION
SUBMITTED BY 3RD PETITIONER TO THE 2ND
RESPONDENT ASSISTANT LABOUR OFFICER
DATED 28.03.2025.
Exhibit P9 A TRUE COPY OF THE APPLICATION
SUBMITTED BY 4TH PETITIONER TO THE 2ND
RESPONDENT ASSISTANT LABOUR OFFICER
DATED 28.03.2025.
Exhibit P10 A TRUE COPY OF THE APPLICATION
SUBMITTED BY 5TH PETITIONER TO THE 2ND
RESPONDENT ASSISTANT LABOUR OFFICER
DATED 28.03.2025
2025:KER:79605
WP(C) NO. 32052 OF 2025
Exhibit P11 A TRUE COPY OF THE PANCHAYATH LICENSE
DATED 6.3.2025.
Exhibit P12 A TRUE COPY OF THE GST CERTIFICATE
DATED 19.3.2025.
Exhibit P13 A TRUE COPY OF THE ORDER OF THE
ASSISTANT LABOUR OFFICER, BEARING ORDER
NO. HLW 67/04/2025 TO HLW 71/04/2025
DATED 23.05.2025.
Exhibit P14 A TRUE COPY OF THE LABOURREGISTERS
( FORM V ) MAINTAINED BY THE 5TH
RESPONDENT EMPLOYER.
Exhibit P15 A TRUE COPY OF THE LABOURREGISTERS
( FORM VI ) MAINTAINED BY THE 5TH
RESPONDENT EMPLOYER.
Exhibit P16 A TRUE COPY OF THE JUDGMENT IN WPC
13067 /2023 DATED 10.05.2024.
Exhibit P17 A TRUE COPY OF THE JUDGMENT IN
WPC26304/2024 DATED 24.09.2024.
Exhibit P18 A TRUE COPY OF THE APPEAL FILED BEFORE
THE 3RD RESPONDENT DATED 03.07.2025.
Exhibit P19 A TRUE COPY OF THE ORDER NO.
DLO/EKM/168/2025-H DATED 14.07.2025
