Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 WP(C) NO. 3418 OF 2024 PETITIONER:
VARAKUKALAYIL STEELS AND SANITARIES, DULY REPRESENTED BY ITS PROPRIETOR, MR. JOBI JOSEPH, S/O. JOSEPH, AGED 42, OPP. SNDP TEMPLE, CENTRAL JUNCTION, NEDUMKANDAM, IDUKKI DISTRICT, KERALA.
PIN- 685553,ALSO AT VARAKUKALAYIL STEELS AND SANITARIES 1/677, KALLAR JUNCTION, CHEMBALAM P O, NEDUMKANDAM, IDUKKI DISTRICT, KERALA.
BY ADVS.
C.K.ANWAR K.S.SUMEESH GOPIKA T.G.
RESPONDENTS:
1 DEPUTY LABOUR OFFICER, OFFICE OF THE DEPUTY LABOUR OFFICE, NEDUMKANDAM, IDUKKI, PIN - 685553 2 DISTRICT LABOUR OFFICER, OFFICE OF DISTRICT LABOUR OFFICER, VARIKKATTU BUILDING, THODUPUZHA EAST P.O, THOUPUZHA, IDUKKI, PIN - 685553 3 KERALA HEAD LOAD WORKER'S WELFARE BOARD, IDUKKI COMMITTEE, KATTAPPANA SUB-COMMITTEE, KATTAPPANA, IDUKKI, DULY REPRESENTED BY ITS CHAIRMAN, PIN - 685515 4 *ADDL R4 THE ASSISTANT LABOUR OFFICER, OFFICE OF THE ASSISTANT LABOUR OFFICE, KIZHAKKEKAVALA, NEDUMKANDAM, IDUKKI-685553 ( SOUGHT TO BE IMPLEADED ) *ADDL 4TH RESPONDENT IMPLEADED AS PER ORDER IN IA
W.P.(C).3418 of 2024 2 NO.1 OF 2024 DATED 31.01.2024.
SRI. S KRISHNA MOORTHY, SC FOR KERALA HEAD LOAD WORKERS WELFARE BOARD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).3418 of 2024 3 JUDGMENT The petitioner herein is a wholesale supply and dealer of building materials in the name and style as ‘Varakukalayil Steels and Sanitaries.’ They contend that they have preferred Exts.P4 (a) to (e) applications before the Labour Officer concerned seeking registration of the employees under rule 26A of Kerala Headload Workers Rules, 1981.
2.
The learned counsel appearing for the petitioner submits that directions be issued to the additional 4th respondent to consider the Exts.
P4(a) to (e) applications and take a decision.
3.
I have heard the learned Government Pleader and the learned Standing Counsel as well.
Having regard to the facts and circumstances, this writ petition is disposed of directing the additional 4th respondent to consider Exts P4(a) to (e) and take a decision within a period of six weeks with notice to the petitioner and the Board.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE IAP
W.P.(C).3418 of 2024 4 APPENDIX OF WP(C) 3418/2024 PETITIONER’S EXHIBITS:
Exhibit P-1 TRUE COPY OF THE LICENCE ISSUED BY PAMPADUMPARA GRAMA PANCHAYATH DATED 10.10.2023 Exhibit P-2 THE GST REGISTRATION CERTIFICATE DATED 10.03.2023 ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER Exhibit P-3 THE TRUE COPY NOTICE ISSUED BY THE 3RD RESPONDENT DATED 13.09.2023 INVITING THE PETITIONER TO REGISTER THE PETITIONER'S FIRM UNDER THE KERALA HEAD LOAD WORKER'S WELFARE BOARD AS AN EMPLOYER Exhibit P-4 TRUE COPY OF THE REPLY LETTER TO THE EXT.P3 DATED 12.10.2023 Exhibit P-4 (a) TRUE COPY OF THE ONLINE APPLICATIONS SUBMITTED BY SANJU BANDO DATED 07/10/2023 Exhibit P-4(b) TRUE COPY OF THE ONLINE APPLICATIONS SUBMITTED BY ARUN VARGHESE DATED 07/10/2023 Exhibit P-4(c) TRUE COPY OF THE ONLINE APPLICATIONS SUBMITTED BY SAJEEV DATED 17/10/2023 Exhibit P-4(d) TRUE COPY OF THE ONLINE APPLICATIONS SUBMITTED BY SUSHANT MUNDA DATED 17/10/2023 Exhibit P-4(e) TRUE COPY OF THE ONLINE APPLICATIONS SUBMITTED BY BIJU KUMAR DATED 05/01/2024