Raju George vs. The Distrit Labour Officer - Kerala High Court, 20 July 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR TUE AY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943 WP(C) NO. 14408 OF 2021 PETITIONER: RAJU GEORGE, AGED 55 YEARS PRIYA BHAVAN, CHEMMANTHOOR, KOLLAM DISTRICT, PIN-691305 ARUN SIVANKUTTY, AGED 28 YEARS, S/O. SIVANKUTTY, MOORTHIKAVU, PUNALUR P.O., KOLLAM DISTRICT, PIN-691305 MOHD ARKKAN, AGED 29 YEARS, S/O. ASQUE ALI, CHOUDERPUR, THANE DISTRICT, AMERA AMROHA, UTTERPRADESH, PIN-244102. MAYA, AGED 36 YEARS, W/O. JAYACHANDRAN, BUNGLAVE MURUPPEL HOUSE, EDAMON P.O., KOLLAM, PIN-691307 BY ADVS. JOBI.A.THAMPI S.R.REMYA SHOUKATH HUSAIN RESPONDENT: 1.THE DISTRIT LABOUR OFFICER, KOLLAMM (APPELLATE AUTHORITY AS NOTIFIED UNDER THE HEAD LOAD WORKERS ACT) CIVIL STATION, KOLLAM-691013 2.THE ASSISTANT LABOUR OFFICER, PUNALUR, (REGISTERING AUTHORITY) PUNALUR, KOLLAM DISTRICT, CIVIL STATION, PUNALUR, PIN-691305 3.THE CHAIRMAN, KERALA HEADLOAD WORKERS' WELFARE FUND BOARD, KOLLAM, DISTIRCT OFFICE, USHAS BUILDING, ANDAMUKKAM, KOLLAM-691001 JOJU.M.JONEY, AGED 45 YEARS, S/O.JONEY, PARTNER, M/S.KOCHIN TRADING COMPANY, PUNALUR P.O., KOLLAM DISTRICT, PIN-691305 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 14408 OF 2021 2 JUDGMENT The learned Government Pleader takes notice for respondents 1 and 2. Learned standing counsel takes notice for the 3rd respondent. It is not necessary to issue notice to the 4th respondent, who happens to be employer of the petitioner, keeping in mind the controversy involved in the instant petition.

Heard the learned counsel for the petitioner. He argued that petitioners are Headload workers with the 4th respondent and they have submitted an application for registration as such under Rule 26A of the Kerala Headload Workers Rule, 1981 before the 2nd respondent which was ultimately rejected. The petitioner preferred statutory appeal challenging the order of rejection and those appeals are pending for consideration of the 1st respondent. The grievance of the petitioners is to the effect that there is undue delay in disposal of the appeal.

The learned Government Pleader opposed the petition, but submits that the appeal can be directed to be decided if those are still pending.

It is reported that appeals filed by the petitioners challenging the order rejecting their application for registration as headload workers

WP(C) NO. 14408 OF 2021 3 are pending before the 1st respondent. Unless and until petitioners get registration as headload worker, they are unable to earn their livelihood, as such, because for working as headload worker, registration is mandatory. It is statutory duty of the 1st respondent to dispose of such appeals expeditiously and therefore, the following order. The petition is allowed with a direction to the 1st respondent to decide the appeals at Ext.P4 collectively filed by the petitioners, if they are not already decided within a period of one month from today as per the provisions of rules by granting opportunity of hearing to all the concerned. The learned Government Pleader to communicate this order to the concerned respondents for compliance. N A.M.BADAR JUDGE

WP(C) NO. 14408 OF 2021 4 APPENDIX OF WP(C) 14408/2021 PETITIONER EXHIBITS EXHIBIT P1OF THE LINENSE/CERTIFICATE DATED 14.01.2021 ISSUED UNDER THE GOODS ADN SERVICE TAX (GST/ IN FAVOUR OF THE 4TH RESPONDENT ESTABLISHMENT) EXHIBIT P2OF THE LICENSE DATED 04.11.2020 ISSUED BY THE PUNALUR MUNICIPALITY TO THE 4TH RESPONDENT AND ITS ENGLISH TRANSLATION EXHIBIT P2(a)OF THE LICENCE DATED 08/02/2021 ISSUED TO THE 4TH RESPONDENT UNDER THE SHOPS AND COMMERCIAL ESTABLISHMENTS ACT AND ITS ENGLISH TRANSLATION EXHIBIT P3OF THE ORDER NO.11/2021 DATED 17.03.2021 PASSED BY THE 2ND RESPONDENT AND ITS ENGLISH TRANSLATION EXHIBIT P4OF THE APPEAL DATED 19.04.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT AND ITS ENGLISH TRANSLATION EXHIBIT P4(a)OF THE APPEAL DATED 19.04.2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT AND ITS ENGLISH TRANSLATION EXHIBIT P4(C)OF THE APPEAL DATED 19.04.2021 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT AND ITS ENGLISH TRANSLATION