Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 WP(C) NO. 20475 OF 2024 PETITIONER:
MANU K.M., AGED 36 YEARS, S/O MANICKAN KMN HOUSE, NATTUKAL, KOZHINJAMPARA,PALAKKAD, PIN – 678554.
BY ADVS.RAJESH SIVARAMANKUTTY K.V.ANTONY A.P.BEELAMMA VIJINA K.
ARUL MURALIDHARAN RESPONDENTS:
1 THE ASSISTANT LABOUR OFFICER, 1ST CIRCLE, CIVIL STATION BUILDING, PALAKKAD-, PIN – 678001.
2 THE CHAIRPERSON, KERALA HEADLOAD WORKERS WELFARE BOARD, PALAKKAD DISTRICT COMMITTEE OFFICE, 1 ST FLOOR, M.A. COMPLEX, T.B ROAD, PALAKKAD, PIN – 678001.
3 SIVADASAN, AGED 48 YEARS, C/O RAMANKUTY, KALAYAMKULAMBU, NALLEPPULLY, CHITTUR, PALAKKAD, PIN – 678553.
4 MANIKANDAN S, AGED 46 YEARS S/O SANKARAN, MATHAPARAMBU, ATHICODE, PANAYUR, PALAKKAD, PIN – 678552.
5 SURESH K, AGED 42 YEARS, S/O KRISHNANKUTTY, POOLAKKAD HOUSE, PANAYUR, ATHICODE, PALAKKAD, PIN – 678552.
6 SUKUMARAN K, AGED 45 YEARS, S/O KARUPPAN, NELLIPPALLAM, NATTUKAL, PALAKKAD, PIN – 678554.
BY ADV THOMAS ABRAHAM SMT.MABLE C.KURIAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20475 OF 2024 -2- JUDGMENT The petitioner is the employer of the party respondents and says that the latter has filed applications for registration under the provisions of Section 26A of the Kerala Headload Workers Act. He, therefore, prays that the said applications be directed to be taken up and disposed of by the competent Authorities without any avoidable delay.
2.
Sri.Thomas Abraham – learned Standing Counsel for the Kerala Headload Workers Welfare Board (‘Board’, for short) - of which the 2nd respondent is the Chairperson - submitted that, if the applications are pending, then there is no legal impediment for the competent Authority considering the same; however, praying that this Court may not make affirmative declarations with respect to any of the claims of the petitioner.
3.
Smt.Mable C.Kurian – learned Senior
WP(C) NO. 20475 OF 2024 -3- Government Pleader, submitted that, prima facie, if the applications are in order and they have been made by the employees, then the competent Authority will certainly consider them as per law, after hearing both sides. She also prayed that this Court not speak affirmatively on the request of the petitioner, since it is for the party respondents to move the applications and seek registration as per law.
4.
I have no doubt that, normally, in cases like this, it is the applicants who should have come here. However, I notice from the pleadings on record that the petitioner has employed the party respondents and that he intends to continue with his business on the strength of all requisite licences and permits.
5.
I am, therefore, of the firm view that, instead of standing on technicalities, it will be justified for this Court to direct the
WP(C) NO. 20475 OF 2024 -4- competent Authority to take up the applications and dispose them of as per law, following due procedure.
In the afore circumstances, I allow this Writ Petition to the limited extent of directing the competent Authority - be that the 1st respondent, or any other - to take up the applications of the party respondents and dispose of the same, after affording them and the Board, necessary opportunity of being heard;
thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN JUDGE akv
WP(C) NO. 20475 OF 2024 -5- APPENDIX OF WP(C) 20475/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF IFTE & OS LICENSE UNDER SECTION 447 OF THE KERALA MUNICIPALITY ACT FOR THE PERIOD 30-3-2024- TO 29-3-2025 ISSUED TO PETITIONER BY PALAKKAD MUNICIPALITY EXHIBIT P2 A TRUE COPY OF THE FORM OF REGISTRATION CERTIFICATE ISSUED TO PETITIONER IN FORM GST REG-06 BY THE GOVERNMENT OF INDIA WITH REGISTRATION NO. 32BOFPM0548K2ZY DATED 19-3-2024 EXHIBIT P3 A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED ON 15-5-2024 UNDER FORM IX BEFORE THE 1 ST RESPONDENT BY 3 RD RESPONDENT EXHIBIT P4 A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED ON 15-5-2024 UNDER FORM IX BEFORE THE 1 ST RESPONDENT BY 4 TH RESPONDENT EXHIBIT P5 A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED ON 15-5-2024 UNDER FORM IX BEFORE THE 1 ST RESPONDENT BY 5 TH RESPONDENT EXHIBIT P6 A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED ON 15-5-2024 UNDER FORM IX BEFORE THE 1 ST RESPONDENT BY 6 TH RESPONDENT