Seena Trading Company v. Assistant Labour Officer - Kerala High Court, 08 March 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUE AY, THE 8TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943 WP(C) NO. 7497 OF 2022 PETITIONER: SEENA TRADING COMPANY, THROUGH ITS PROPRIETRESS, SMT. SEENA VINOD, 10/83-B, AKATHIYOOR P. O, PORKULAM, KUNNAMKULAM - 680 519, THRISSUR. BY ADVS. A.KUMAR P.J.ANILKUMAR G.MINI(1748) P.S.SREEPRASAD JOB ABRAHAM AJAY V.ANAND RESPONDENTS: 1 ASSISTANT LABOUR OFFICER, MINI CIVIL STATION, KUNNAMKULAM, THRISSUR 680 001. 2 MR. MANOJ KUMAR K.M, KANDARAMATH PUNCHAYIL, PORKULAM, AKKIKAVU - 680 519. 3 MR. SUNEESH A.S, AMBALAPARAMBIL, KALLAZHIKUNNU, AKATHIYOOR, PORKULAM - 680 519. 4 MR. V.T. JOB KUTTY, VADAKKETHELAKKAL, AKATHIYUR, PORKULAM - 680 519. SRI. JUSTIN JACOB – SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.7497 OF 2022 2 JUDGMENT The petitioner states that he has three permanent employees, who are engaged in the loading and unloading activities in the establishment which is engaged in purchase and sale of items like Aata, Flour etc., on whole sale basis. The employees of the petitioner, who have been arrayed as respondents 2 to 4 has made applications before the 1st respondent in Form No.IX under Rule 26A (i) 1 seeking registration for the head load work with the petitioner as the employer. The grievance of the petitioner is that due to the delay in consideration of Exts.P3, P4 and P5 applications for registration filed by respondents 2 to 4 the business activities in the petitioner's establishment has been adversely affected. The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider Exts.P3, P4 and P5 applications which has been

WP(C).No.7497 OF 2022 3 filed as early as on 27.10.2021, within a time frame.

Heard the learned counsel for the petitioner and the learned Government Pleader for the 1st respondent. In the nature of the direction, I propose to pass, notice to respondents 2 to 4 are dispensed with.

There will be a direction to the 1st respondent to consider Exts.P3, P4 and P5 applications for registration submitted by respondents 2 to 4, in accordance with law, within a period of two months from the date of receipt of a copy of this judgment. Before passing orders on Exts.P3, P4 and P5, the 1st respondent shall hear the petitioner, respondents 2 to 4 and any other persons as the 1st respondent considers necessary. The writ petition is disposed of with the above direction. MURALI PURUSHOTHAMAN JUDGE SPR

WP(C).No.7497 OF 2022 4 APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1OF THE REGISTRATION CERTIFICATE UNDER THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENT ACT DATED 26.10.2021. EXHIBIT P2OF THE GST REGISTRATION CERTIFICATE DATED 29.10.2021. EXHIBIT P3OF THE APPLICATION FILED BY THE 2ND RESPONDENT DATED 27.10.2021. EXHIBIT P4OF THE APPLICATION FILED BY THE 3RD RESPONDENT DATED 27.10.2021. EXHIBIT P5OF THE APPLICATION FILED BY THE 4TH RESPONDENT DATED 27.10.2021. RESPONDENTS EXHIBITS: NIL.