Kerala High Court
Indora Associates, Represented By Its ... vs Assistant Labour Officer on 24 September, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:71248
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2025 / 2ND ASWINA, 1947
WP(C) NO. 24817 OF 2025
PETITIONER:
INDORA ASSOCIATES, REPRESENTED BY ITS MANAGING
PARTNER ABDUL AZEEZ P., AGED 50 YEARS
PUNATHUMMAL COMPLEX, MAIN ROAD, NADAPURAM,
KALLACHI P.O., VATAKARA, KOZHIKODE ,
S/O.ANDRU HAJI, RESIDING AT PUNATHIL HOUSE, POST
PURAMERI, VIA VATAKARA, KOZHIKODE, PIN - 673506.
BY ADV SRI.R.RAMADAS
RESPONDENTS:
1 ASSISTANT LABOUR OFFICER
OFFICE OF THE ASSISTANT LABOUR OFFICER,
CIVIL STATION, VATAKARA, KOZHIKODE, PIN - 673506.
2 THE DISTRICT LABOUR OFFICER / APPELLATE AUTHORITY
UNDER THE KERALA HEADLOAD WORKERS ACT
OFFICE OF THE DISTRICT LABOUR OFFICER, KOZHIKODE,
PIN - 673001.
3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD
REPRESENTED BY ITS SECRETARY / EXECUTIVE OFFICER,
KUTTIADI, KOZHIKODE DISTRICT, PIN - 673508.
R1 & R2 BY SR.GP.SMT.C.S.SHEEJA
R3 BY ADV.SHRI.K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:71248
W.P.(C)No.24817 of 2025 2
JUDGMENT
The challenge in this Writ Petition is to Exts.P3 and P4
orders passed by the competent authorities under Rule 26A and 26C
respectively of the Kerala Headload Workers Rules, 1981.
2. The petitioner is a partnership firm engaged in the sale of
tiles, cement, and plastic articles. The place where the godown is
situated is a 'scheme-covered area'. The petitioner preferred
applications under Rule 26A of the Kerala Headload Workers Rules.
Respondent No.1 rejected the applications on the ground that there is
no material to establish that the employees for whom registration is
sought are actually employed. They were not found engaged in any
loading and unloading works in the petitioner firm. As per order dated
13.03.2025 respondent No.1 (Assistant Labour Officer, Vatakara,
Kozhikode) rejected the applications filed by the petitioner. The
petitioner challenged Ext.P3 before the appellate authority under Rule
26C of the Kerala Headload Workers Rules. The appellate authority
confirmed Ext.P3 order and passed Ext.P4 order.
2025:KER:71248
3. I have heard the learned counsel for the petitioner, the
learned Standing Counsel for the Kerala Headload Workers Welfare
Fund Board and the learned Senior Government Pleader.
4. The learned counsel for the petitioner, relying on Exts.P6
to P13 attendance reports and Exts.P14 to P18 Wage Registers,
submitted that the workers for whom registration was sought were
working in the petitioner firm. It is submitted that the competent
authority did not give sufficient opportunity of being heard to the
petitioner.
5. The learned Senior Government Pleader submitted that
the petitioner failed to establish that the workers were actually engaged
in the firm. It is submitted that when the Labour Officer inspected the
premises of the firm the workers were not found.
6. The learned counsel appearing for respondent No.3
Board submitted that sufficient opportunity was given to the petitioner.
The petitioner has not maintained relevant registers showing that the
workers are engaged in loading and unloading work.
2025:KER:71248
7. The learned Senior Government Pleader submitted that
the genuineness of Exts.P6 to P18 is a matter to be established by the
petitioner.
8. Having regard to the submissions, this Court is of the
view that the petitioner shall be given further opportunity to lead
evidence especially in view of the production of Exts.P6 to P18.
Therefore, Exts.P3 and P4 orders stand set aside. The matter stands
remitted to respondent No.1. Respondent No.1 is at liberty to consider
the genuineness of Exts.P6 to P18. The petitioner is at liberty to
produce further evidence in the matter. Respondent No.1 shall consider
the matter afresh and pass orders on the applications submitted by the
petitioner, after affording opportunity of hearing to both sides, within
three months from the date of production of a certified copy of this
judgment.
The Writ Petition is disposed of as above.
Sd/-
K.BABU
Judge
TKS
2025:KER:71248
APPENDIX OF WP(C) 24817/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY
ASLAM, A PERMANENT WORKER APPOINTED BY THE
PETITIONER AS PER THE PROVISIONS OF THE KERALA
HEADLOAD WORKERS' RULES DATED 24.01.2025
Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY
SANTHOSH KUMAR, A PERMANENT WORKER APPOINTED BY
THE PETITIONER AS PER THE PROVISIONS OF THE
KERALA HEADLOAD WORKERS' RULES DATED 24.01.2025
Exhibit P3 TRUE COPY OF THE ORDER NO. HLW 23/2025 DATED
13.03.2025 ISSUED BY THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER NO.IR (1) 922/2025 DATED
04.04.2025 ISSUED BY THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED UNDER THE KERALA SHOPS AND COMMERCIAL
ESTABLISHMENTS ACT TO THE PETITIONER
Exhibit P6 TRUE COPY OF THE ATTENDANCE REPORT IN RESPECT
OF THE WORKER ASLAM FOR THE MONTH OF SEPTEMBER
Exhibit P7 TRUE COPY OF THE ATTENDANCE REPORT IN RESPECT
OF THE WORKER ASLAM FOR THE MONTH OF OCTOBER
2024.
Exhibit P8 TRUE COPY OF THE ATTENDANCE REPORT IN RESPECT
OF THE WORKER ASLAM FOR THE MONTH OF FEBRUARY
2025.
Exhibit P9 TRUE COPY OF THE ATTENDANCE REPORT IN RESPECT
OF THE WORKER ASLAM FOR THE MONTH OF MAY 2025
Exhibit P10 TRUE COPY OF THE ATTENDANCE REPORT IN RESPECT
OF THE WORKER SANTHOSH KUMAR FOR THE MONTH OF
OCTOBER 2024.
2025:KER:71248
Exhibit P11 TRUE COPY OF THE ATTENDANCE REPORT IN RESPECT
OF THE WORKER SANTHOSH KUMAR FOR THE MONTH OF
NOVEMBER 2024.
Exhibit P12 TRUE COPY OF THE ATTENDANCE REPORT IN RESPECT
OF THE WORKER SANTHOSH KUMAR FOR THE MONTH OF
FEBRUARY 2025.
Exhibit P13 TRUE COPY OF THE ATTENDANCE REPORT IN RESPECT
OF THE WORKER SANTHOSH KUMAR FOR THE MONTH OF
MAY 2025.
Exhibit P14 TRUE COPY OF THE DETAILS OF THE WAGE REGISTER
SHOWING THE PAYMENT OF WAGES TO THE ABOVE TWO
WORKERS FOR THE MONTH OF MARCH 2023.
Exhibit P15 TRUE COPY OF THE DETAILS OF THE WAGE REGISTER
SHOWING THE PAYMENT OF WAGES TO THE ABOVE TWO
WORKERS FOR THE MONTH OF DECEMBER 2024.
Exhibit P16 TRUE COPY OF THE DETAILS OF THE WAGE REGISTER
SHOWING THE PAYMENT OF WAGES TO THE ABOVE TWO
WORKERS FOR THE MONTH OF JANUARY 2025.
Exhibit P17 TRUE COPY OF THE DETAILS OF THE WAGE REGISTER
SHOWING THE PAYMENT OF WAGES TO THE ABOVE TWO
WORKERS FOR THE MONTH OF FEBRUARY 2025.
Exhibit P18 TRUE COPY OF THE DETAILS OF THE WAGE REGISTER
SHOWING THE PAYMENT OF WAGES TO THE ABOVE TWO
WORKERS FOR THE MONTH OF MAY 2025.
TKS
