Vinod Kumar R vs District Labour Officer, Ernakulam
2026 Latest Caselaw 2431 Ker

Citation : 2026 Latest Caselaw 2431 Ker
Judgement Date : 30 March, 2026

[Cites 0, Cited by 0]

Kerala High Court

Vinod Kumar R vs District Labour Officer, Ernakulam on 30 March, 2026

                                                          2026:KER:28504
WP(C) NO. 3922 OF 2026              1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

        MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948

                         WP(C) NO. 3922 OF 2026

PETITIONER/S:
     1     VINOD KUMAR R.,AGED 59 YEARS
           8-1428, ILANJIKKAL PARAMBU, T.D. EAST ROAD,
           MATTANCHERRY P.O., ERNAKULAM, KOCHI, PIN - 682002

    2       VINAYARAJ RAJENDRAN,AGED 34 YEARS
            8/1645, A.K. ROAD, MATTANCHERRY,
             ERNAKULAM, KOCHI, PIN - 682002

    3       VINOD L.,AGED 47 YEARS
            SREEKRISHNA DEVASWAM PARAMBU, PALACE ROAD,
            MATTANCHERRY, ERNAKULAM, KOCHI, PIN - 682002

    4       CHARAN K.,AGED 41 YEARS
            8/1068, PANDITHAM TEMPLE ROAD, MATTANCHERRY,
            ERNAKULAM, KOCHI, PIN - 682002

    5       MIHIR STEELS,13/16, NH BYEPASS ROAD, KUMBALAM,
            ERNAKULAM, REPRESENTED BY THE PARTNER, BHARAT D.
            JASAPARA, AGED 61 YEARS, SON DHARAMASI C.,
             LINK LAKSHMANA APARTMENT, 8B SA ROAD, VALANJAMBALAM,
            ERNAKULAM, PIN - 682506

            BY ADVS.
            SRI.B.ASHOK SHENOY
            SRI.P.S.GIREESH
            SHRI.UMASANKER U.U.
            SHRI.ADITYA A. SHENOY
            SHRI.JADEN MATHEW


RESPONDENT/S:

    1       DISTRICT LABOUR OFFICER, ERNAKULAM,
            OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION,
            KAKKANAD P.O., ERNAKULAM, KOCHI, PIN - 682030
                                                            2026:KER:28504
WP(C) NO. 3922 OF 2026             2



    2       THE ASSISTANT LABOUR OFFICER,
            OFFICE OF THE ASSISTANT LABOUR OFFICER, MINI CIVIL
            STATION, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN -
            683542

    3       KERALA HEADLOAD WORKERS WELFARE FUND BOARD,
            ERNAKULAM DISTRICT OFFICE, KUMMENCHERY BUILDING,
            T.D ROAD, ERNAKULAM, KOCHI,
            REPRESENTED BY ITS CHAIRMAN, PIN - 682035

    4       KERALA HEADLOAD WORKERS WELFARE FUND BOARD,
            THRIPUNITHURA SUB COMMITTEE, RAILWAY OVERBRIDGE,
            KARINGACHIRA, TRIPUNITHURA,
             REPRESENTED BY ITS CHAIRMAN, PIN - 682301


            BY ADV SHRI.K.S.ARUN KUMAR




            SMT. SILPA N.P (GP)


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2026:KER:28504
WP(C) NO. 3922 OF 2026              3



                                 JUDGMENT

This writ petition has been filed challenging Exhibit P6

order of the Registering Authority in respect of an application

filed by the petitioners 1 to 4 seeking registration under Rule 26A

of the Kerala Headload Workers Rules, 1981 as also Exhibit P7

order of the Appellate Authority, confirming the order of the

Registering Authority.

2. Learned counsel appearing for the petitioners would

submit that the Registering Authority rejected the application

filed by the petitioners 1 to 4 for registration solely on the ground

that the requisite registers were not produced at the time of

inspection. However, the Registering Authority found that

petitioners 1 to 4 were engaged in loading and unloading work at

the time of inspection. It is submitted that, the Appellate

Authority, on the appeal filed by the petitioners, though found that

the application ought not have been rejected solely for the reason

that the registers were not maintained, proceeded to hold that

there was no material to hold that petitioners 1 to 4 were

engaged in loading and unloading work. It is submitted that,

when the Original Authority had already found that the petitioners

1 to 4 were seen engaged in loading and unloading work, the 2026:KER:28504

Appellate Authority, on the appeal by the petitioners, could not

have reached a contrary finding. It is submitted that, in such

circumstances, Exhibit P6 and P7 orders are liable to be set aside

and the matter is to be considered afresh by the Registering

Authority.

3. Learned Standing Counsel appearing for respondents 3

and 4 (the Board) seeks time to file a counter affidavit. However,

I am of the opinion that this matter need not be adjourned to

enable the learned counsel appearing for the respondent Board to

file a counter affidavit as it is clear from a reading of Exhibit P6

order of the Registering Authority that while the Registering

Authority refused to grant registration on the ground that the

registers were not maintained, the Appellate Authority proceeded

to hold that even though maintenance of registers as per the

Rules was not a sine qua non for grant of registration, petitioners

1 to 4 have produced no material to show that they had been

engaged for loading and unloading work. It is clear from a

reading of the order of the Registering Authority that the

Registering Authority, on inspection, had found that petitioners 1

to 4 were engaged in loading and unloading work. This finding of

the Registering Authority could not have been reversed by the

Appellate Authority on the appeal filed by petitioners 1 to 4.

2026:KER:28504

Accordingly, Exhibits P6 and P7 orders are set aside and

the applications leading to Exhibit P6 order of the Registering

Authority will stand restored to the file of the Registering

Authority, namely, the 2nd respondent. The 2nd respondent shall

reconsider the application afresh, in accordance with the law, as

expeditiously as possible, after affording an opportunity of hearing

to the petitioners. I make it clear that I have not expressed any

opinion on the merits and the orders have been set aside only for

the reasons indicated above. It will be open to the 2 nd respondent

to pass fresh orders, in accordance with the law, in the manner

indicated above.

Writ petition is ordered accordingly.

Sd/-

GOPINATH P. JUDGE ajt 2026:KER:28504

APPENDIX OF WP(C) NO. 3922 OF 2026

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PARTNERSHIP DEED DATED 1.4.2024 IN RELATION TO 5TH PETITIONER EXECUTED BY ITS PARTNERS, JITENDRA M SHAH, JAGRUTI J SHAH AND BHARAT D JASAPARA Exhibit P2 TRUE COPY OF THE RENTAL AGREEMENT DATED 11.6.2025 EXECUTED BETWEEN 5TH PETITIONER AND THE LANDLORD OF THE PREMISES BEARING DOOR NUMBER 13/16, NAMELY, PAUL KURIYIL ALIAS PAUL KURIEN Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 10.10.2025 ISSUED UNDER REGISTRATION NUMBER 32AABFM7472R1ZR TO 5TH PETITIONER Exhibit P4 TRUE COPY OF RECEIPT NUMBER R-G070803-

                      25001842    DATED   8.7.2025   ISSUED   TO   5TH
                      PETITIONER    BY  SECRETARY,    KUMBALAM   GRAMA

PANCHAYAT, ACKNOWLEDGING RECEIPT OF LICENSE FEES Exhibit P5 TRUE COPY OF THE REGISTRATION CERTIFICATE NUMBER SH070220200128 DATED 7.10.2025 ISSUED TO 5TH PETITIONER BY 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER NO.HL-1131/2025 DATED 27.11.2025 PASSED BY 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER NO.H.23400/2025 DATED 14.1.2026 ISSUED BY 1ST RESPONDENT TO PETITIONERS NOS.1 TO 4 Exhibit P8 TRUE COPY OF THE REGISTER OF EMPLOYMENT AND WAGES MAINTAINED BY 5TH PETITIONER FOR THE PERIOD FROM 1.9.2025 TO 24.1.2026 Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 28.4.2023 IN W.P.(C) NO.14721 OF 2023 OF THIS HON'BLE COURT.