Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 8TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944 WP(C) NO. 3946 OF 2023 PETITIONER:
MOITHEENSHA AGED 43 YEARS S/O MEERAN, PROPRIETOR, SAJ TRADERS, PLAKKUDIYIL HOUSE, PEZHAKKAPPALLI P.O., MULAVOOR VILLAGE, MUVATTUPUZHATALUK, ERNAKULAM DISTRICT, PIN - 688673 BY ADVS.
K.R.PRATHISH P.K.SREEVALSAKRISHNAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY LABOUR DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT LABOUR OFFICER KOLLAM CIVIL STATION, CIVIL STATION P.O KOLLAM DISTRICT, PIN - 691013 3 ASSISTANT LABOUR OFFICER CHADAYAMANGALAM, CHADAYAMANGALAM P.O KOLLAM DISTRICT, PIN - 691534 4 KERALA HEADLOAD WORKERS WELFARE BOARD DISTRICT COMMITTEE, KOLLAM USHUS BUILDING, ANDAMUKKAM, KOLLAM DISTRICT REP. BY ITS CHAIRMAN, PIN - 691001 5 KERALA HEADLOAD WORKERS WELFARE BOARD SUB COMMITTEE OFFICE, AYUR KOLLAM REP. BY ITS CHAIRMAN, PIN - 691533
W.P.(C) No. 3946 of 2023 2 BY ADV K.SIJU SRI. T. R. RENJITH, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 3946 of 2023 3 JUDGMENT This writ petition is filed seeking the following reliefs:- (i) call for the records Ext.P7 set aside the same by issue a writ of certiorari finding that the Ext.P7 is issued without publishing in the official gazette by the government and is against para No.3 of the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme 1983.
(ii) call for the record pertaining to Ext.P8 and quash the same finding that the same is illegal.
(iii) issue a writ of mandamus directing the 2nd respondent to dispose the Ext.P6 appeal within the time frame fixed by this Hon’ble court after hearing the workers and employer.
(iv) dispense with filing of the translation of documents in malayalam produced in the above writ petition as Ext.P2, Ext.P5, Ext.P7 and Ext.P8.
2.
The petitioner asserts that he is the proprietor of Saj Traders.
Some of his employees filed an application seeking issuance of Cards under Rule 26 (A) of the Headload Workers Rules. However, the same stands rejected by Ext.P5 order.
Challenging the same, the employees of the petitioner are stated to have preferred an appeal under Rule 26 (C) of the Rules. The petitioner contends that pending consideration of the appeal, the area in question has been included in the scheme-covered area.
He asserts that the same has not been notified in accordance with law and is, therefore, illegal.
W.P.(C) No. 3946 of 2023 4 3.
A statement has been filed by the learned Standing Counsel producing the gazette notification dated 6.11.2009, as per which the functional operation of the scheme has been extended to the Elavokdu area. The learned counsel submits that he has no objection in issuing directions to the District Labour Officer to consider the appeal on its merits and pass orders in accordance with law.
4.
Having regard to the facts and circumstances and the submissions made across the bar, there will be a direction to the 2nd respondent to consider Ext.P6 appeal preferred by the petitioner’s workers and pass orders strictly as per procedure and in accordance with law, with notice to the petitioner and other affected parties, if any. The decision shall be taken expeditiously, in any event, within two months from the date of receipt of a copy of this judgment.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE Sru
W.P.(C) No. 3946 of 2023 5 APPENDIX OF WP(C) 3946/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY THE GST REGISTRATION CERTIFICATE DATED 17.07.2018.
Exhibit P2 TRUE COPY OF THE LICENCE DATED 22.09.2022 ISSUED BY THE CHADAYAMANGALAM GRAMA PANCHAYAT.
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 30.09.2022 IN WP(C) NO. 31072 OF 2022 BEFORE THIS HON'BLE COURT.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 07.12.2022 IN WP(C) NO. 31072 OF 2022 BEFORE THIS HON'BLE COURT.
Exhibit P5 TRUE COPY OF THE ORDER DATED 02.12.2022 ISSUED BY THE ASSISTANT LABOUR OFFICER, CHADAYAMANGALAM.
Exhibit P6 TRUE COPY OF THE APPEAL MEMORANDUM DATED 28.01.2023 SUBMITTED BY THE PETITIONER'S WORKERS BEFORE THE DISTRICT LABOUR OFFICER, KOLLAM.
Exhibit P7 TRUE COPY OF THE ORDER DATED 05.01.2023 OF THE CHAIRMAN, HEAD LOAD WORKERS WELFARE BOARD, KOLLAM.
Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE SUB OFFICE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD, AYUR.
RESPONDENTS ANNEXURES
W.P.(C) No. 3946 of 2023 6 Annexure R4(a) The copy of G.O(Rt)No.1730/2009/LBR dt.6.11.2009.