Ratheesh M S vs. The Secretary TO The Government
Held
The Court held that the writ petition was premature as the petitioner had not responded to the impugned notice. It directed the petitioner to furnish employee and article particulars to the respondent, who would then decide on registration or inspect the premises. If only skilled workers handle manufacturer-certified fragile articles, registration is not required; otherwise, compliance with the notice is mandatory.
Facts
The petitioner, a distributor of electronic goods, challenged a notice from the Kerala Head Load Workers Union requiring registration under the Head Load Workers Scheme. The petitioner contended that their articles were delicate/sophisticated, handled by their own trained staff, and thus excluded from the scheme, citing a previous High Court judgment granting police protection for such work.
Key Issues
Whether the notice for registration under the Head Load Workers Scheme was valid despite the petitioner's claim of handling only delicate/sophisticated articles with their own trained workers, and whether the writ petition was premature without a response to the notice.
Sections Cited
Section 2(m) of Head Load Workers Act, 1978, Section 7 of the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme 1983
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 WP(C) NO. 5494 OF 2022 PETITIONER/S: RATHEESH M S S/O. MANIYAN NAIR, RESIDING AT NAGARJUNA PEARL BAY, APARTMENTS, C-BLOCK,120D, PUTHIYA ROAD, KOCHI-682 0820, MANAGING DIRECTOR, VOXXVISION VENTURES PRIVATE LTD., GROUND FLOOR, 45/1862, DEVI BUILDING, LABOUR COLONY ROAD, N.H.BYPASS, THAMMANAM, KOCHI-682 032 BY ADVS. K.REGHU KOTTAPPURAM R.MAHESH (KOTTAPPURAM) MURUKESH REGHU RESPONDENT/S: 1 THE SECRETARY TO THE GOVERNMENT LABOUR DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD, ERNAKULAM DISTRICT COMMITTEE, (CONSTITUTED UNDER SECTION 18 OF ACT OF 20 OF 1980) KUMMANCHERRY BUILDING, T.D.ROAD, KOCHI-682 035 3 THE SECRETARY, KERALA HEAD LOAD WORKERS UNION DISTRICT COMMITTEE, POOL NO.37/(CITU) .T.U.CENTRE, VYTTILA, ERNAKULAM-682 019 BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5494 OF 2022 2 JUDGMENT Ext.P3 notice dated 30.10.2021 of the
The judgment continues below.
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