Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF MAY 2024 / 9TH JYAISHTA, 1946 WP(C) NO. 18855 OF 2024 PETITIONERS:
1 MUHAMMED P.A., AGED 58 YEARS, PANACKAL HOUSE, PANIPRA P.O, ERNAKULAM DISTRICT, PIN - 686692 2 ANAS KHAN P.B., AGED 40 YEARS SON OF BASHEER, PEEDIKAKKUDIYIL HOUSE, ELAMBRA, KOTHAMANGALAM. THRIKKARIYOOR, ERNAKULAM, PIN - 686691 3 ZUAYUB ISLAM, AGED 23 YEARS SON OF NIZAMUDHEEN, , BOWALGURI, MARIGAON, ASSAM - 782 104, PRESENTLY RESIDING AT POSH CERAMICS, M.C.ROAD, VATTAKKATTUPADY P.O, PERUMBAVOOR, PIN - 683542 4 AJAHARUL ISLAM, AGED 26 YEARS, SON OF NURUL ISLAM, KOCHARIBORI, LAHARIGHAT, DEWAGURI, MARIGAON, ASSAM - 782 127, PRESENTLY RESIDING AT POSH CERAMICS, M.C.ROAD, VATTAKKATTUPADY P.O, PERUMBAVOOR, PIN - 683542 BY ADV PEEYUS A.KOTTAM RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT, GOVT. SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001 2 ASSISTANT LABOUR OFFICER, PERUMBAVOOR, MINI CIVIL STATION, POOPPANI ROAD, PERUMBAVOOR, KERALA - 683543 3 KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB ERNAKULAM DISTRICT COMMITTEE, KUMMANCHERRY BUILDING, FLOWER JUNCTION, T.D.ROAD, ERNAKULAM, REPRESENTED BY ITS CHAIRMAN, PIN - 682035 BY ADV K.S.ARUN KUMAR Sri.Imam Gregorious Karat - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18855 OF 2024 2 JUDGMENT In response to the request of the petitioners, as made by their learned counsel – Sri.Peeyus A.Kottam, that their applications for registration under the provisions of the Kerala Headload Workers Act under Section 26A thereof, be disposed of within a time frame to be fixed by this Court, learned Government Pleader – Sri.Imam Gregorious Karat, submitted that the said applications were received online only on 10.05.2024 by the competent Authority, but that the petitioners have not yet submitted the physical copies of the documents and certificates, as are statutorily required. He submitted that, nevertheless, the competent Authority has listed the matter for hearing on 12.06.2024, within which time, the petitioners must make available all relevant documents.
2. Sri.K.S.Arun Kumar – learned standing counsel for the third respondent – Board, submitted that this writ petition is premature because, the petitioners made these applications only on 10.05.2024 and rushed to this Court on 23.05.2024.
He affirmed that since the competent Authority is still seized of the matter and has listed the application for hearing on
WP(C) NO. 18855 OF 2024 3 12.06.2024, the petitioners cannot seek any further relief.
3. I have no doubt that the afore submissions of the learned Government Pleader and Sri.K.S.Arun Kumar carry some weight. This is because, the petitioners' applications were made only on 10.05.2024 and they have to follow it up with the production of all relevant certificates and papers in physical format. Since the competent Authority is stated to have scheduled the hearing on 12.06.2024, the petitioners must certainly abide by their obligations.
4. Resultantly, I allow this writ petition, recording the afore submissions of Sri.Imam Gregorious Karat; with a consequential liberty being reserved to the petitioners to make available to the competent Authority all relevant and germane documents in physical format, as is statutorily prescribed.
5. As far as the Authority is concerned, it shall endevour to dispose of Exts.P1 to P4 as per law and after affording necessary opportunities to both sides, as expeditiously as is possible, after 12.06.2024 but not later than one month thereafter.
WP(C) NO. 18855 OF 2024 4 I clarify that I have not entered into the merits of any of the rival contentions of the parties and that all of them are left open to be decided appropriately by the competent Authority.
Sd/- DEVAN RAMACHANDRAN JUDGE stu
WP(C) NO. 18855 OF 2024 5 APPENDIX OF WP(C) 18855/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ONLINE APPLICATION BEARING NO. 459143 DATED 10.05.2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT LABOUR OFFICER, PERUMBAVOOR Exhibit P2 TRUE COPY OF THE ONLINE APPLICATION BEARING NO. 459141 DATED 10.05.2024 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT LABOUR OFFICER, PERUMBAVOOR Exhibit P3 TRUE COPY OF THE ONLINE APPLICATION BEARING NO. 459133 DATED 10.05.2024 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT LABOUR OFFICER, PERUMBAVOOR Exhibit P4 TRUE COPY OF THE ONLINE APPLICATION BEARING NO. 459137 DATED 10.05.2024 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT LABOUR OFFICER, PERUMBAVOOR Exhibit P5 THE TRUE COPY OF FORM GST REG-06 REGISTRATION CERTIFICATE OF M/S. POSH CERAMICS Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 19.01.2018 IN W.P. (C) NO. 2064/2018