Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 6TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 WP(C) NO. 11593 OF 2022 PETITIONER:
T.M.TRADERS 50/2365B, THENKUDATH BUILDING, RAILWAY STATION ROAD, EDAPPALLY REPRESENTED BY ITS MANAGING PARTNER, FAHAD, S/O.T.M.MAJEED, AGED 34 YEARS, THENKUDATH HOUSE, EDAPPALLY P.O, EDAPPALLY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682024 BY ADVS.
P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS:
1 THE ASSISTANT LABOUR OFFICER (ALO) ERNAKULAM CIRCLE II, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 2 THE DISTRICT LABOUR OFFICER ERNAKULAM, KAKKANAD, ERNAKULAM DISTRICT, PIN – 682030 BY ADV.JIMMY GEORGE, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.11593/2022 2 P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).No.11593 of 2022 ---------------------------------------------- Dated this the 06th day of April, 2022 JUDGMENT This writ petition is filed with following prayers:
i.
Issue a writ of mandamus or any other appropriate writ, orders or direction to the first respondent to consider and dispose exhibit P3 to P6 application submitted by the employees of petitioner without considering the ground that earlier application of the earlier employees were dismissed by exhibit P12 within a reasonable period which this honourable court may deem fit and proper in the interest of justice and circumstances of the case.
ii.
Issue such other writ, orders or directions, which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case.
(SIC) 2.
Petitioner is aggrieved because the applications submitted by the employees of the petitioner as evident by Exts.P3 to P6 are not considered by the 1st respondent for the
W.P.(C).No.11593/2022 3 reason that similar application is rejected earlier as evident by Ext.P12. The point raised by the petitioner is that in the light of Ext.P13 judgment, the same is not a bar for considering a fresh application filed by other employees.
3.
Heard the learned counsel for the petitioner and the learned Government Pleader.
4.
After hearing both sides and also going through Ext.P13 judgment, I am of the considered opinion that the 1st respondent should consider Exts.P3 to P6 in accordance to law, even if an earlier application is rejected as evident by Ext.P12.
Therefore, this writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders in Exts.P3 to P6 in accordance to law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.
sd/- P.V.KUNHIKRISHNAN JV JUDGE
W.P.(C).No.11593/2022 4 APPENDIX OF WP(C) 11593/2022 PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE LICENSE OF PETITIONER DATED 2.8.2021 ISSUED BY THE SECRETARY, CORPORATION OF KOCHI ALONG WITH ENGLISH TRANSILATION Exhibit- P2 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF PETITIONER DATED 21.9.2017 Exhibit- P3 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONERS EMPLOYEE BY NAME MAMUD ALI DATED 21.1.2022 Exhibit-P4 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONERS EMPLOYEE BY NAME SAMAR ALI DATED 21.1.2022 Exhibit- P5 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONERS EMPLOYEE BY NAME IKRAMUL HASSAIN DATED 21.1.2022 Exhibit- P6 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONERS EMPLOYEE BY NAME MUBARAK ALI DATED 21.1.2022 Exhibit- P7 TRUE COPY OF THE CERTIFICATE OF PHYSICAL FITNESS DATED 2.2.2022 OF PETITIONERS EMPLOYEE BY NAME MAMUD ALI Exhibit- P8 TRUE COPY OF THE CERTIFICATE OF PHYSICAL FITNESS DATED 2.2.2022 OF PETITIONERS EMPLOYEE BY NAME SAMAR ALI Exhibit- P9 TRUE COPY OF THE CERTIFICATE OF PHYSICAL FITNESS DATED 2.2.2022 OF PETITIONERS EMPLOYEE BY NAME IKRAMUL HASSAIN Exhibit- P10 TRUE COPY OF THE CERTIFICATE OF PHYSICAL FITNESS DATED 2.2.2022 OF PETITIONERS EMPLOYEE BY NAME MUBARAK ALI Exhibit- P11 TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT ON ENDORSING IN THE COVERING LETTER DATED 2.2.2022 Exhibit- P12 TRUE COPY OF THE ORDER DATED 25.2.2017 ISSUED BY THE FIRST RESPONDENT ALONG WITH ENGLISH TRANSILATION
W.P.(C).No.11593/2022 5 Exhibit- P13 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 10.11.2021 IN WPC NO.24655 OF 2021 Exhibit- P14 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER UNDER MICRO SMALL MEDIUM ENTERPRISES FACILITATION ACT