K.Mohan Antony vs. The Assistant Labour Officer - Kerala High Court, 26 June 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 26TH DAY OF JUNE 2020 / 5TH ASHADHA, 1942 WP(C).No.12740 OF 2020(N) PETITIONER/S: K.MOHAN ANTONY AGED 48 YEARS S/O K.P.ANTONY, PROPRIETOR SURYA ENTERPRISES, THALAKKOTTUKARA, THALAKKOTTUKARA P.O.PIN-680 501, THRISSUR DISTRICT, RESIDING AT KUTTIKKATTU HOUSE, THALAKKOTTUKARA, THALAKKOTTUKARA P.O.PIN-680 501. BY ADV. SRI.K.A.HAZAN RESPONDENT/S: 1 THE ASSISTANT LABOUR OFFICER KUNNAMKULAM, PIN-680 503. 2 THE CHAIRMAN, KERALA HEAD WORKERS WELFARE BOARD, SUB COMMITTEE, KUNNAMKULAM, PIN-680 503. 3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILL DEPARTMENT, THIRUVANANTHAPURAM, PIN-685

503.

OTHER PRESENT: GP SRI PAUL ABRAHAM VAKKANAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.12740 OF 2020(N) 2 JUDGMENT Dated this the 26th day of June 2020 Petitioner proprietor of M/S Soorya Enterprises is engaged in a business of general provisions, stationary items ingredients required for preparation of Biriyani and other business in the premises described in paragraph 1 of the writ petition. It has been allotted a registration number as evidenced from Ext.P2 for carrying out the business. For loading and unloading of work in the establishment petitioner had appointed three persons on permanent basis. The area where the establishment situates is already under the functional operation of the Kerala Head Load Workers (Regulation of Employment Welfare Scheme) 1983. Petitioner requested his three loading and uploading workers to apply for registration which they have submitted an application vide Exts.P3, P4 and P5. The 1st respondent for the purpose of conducting enquiry issued a notice dated 04.03.2020 and the petitioner's statement have been recorded on 19.03.2020. But thereafter nothing has been heard of and in these circumstances

WP(C).No.12740 OF 2020(N) 3 juri iction of this under Article 226 of the Constitution of India has been invoked.

Issue notice before admission. Dr.Thushara James accepts notice on behalf of respondent Nos. 1 and 3. 3. Having heard the learned counsel for the parties, without expressing any opinion on the merits of the matter, I dispose of the writ petition by issuing direction to the 1st respondent to take a call on the application Exts.P3, P4 and P5 preferably within a period two months from the date of receipt of a certified copy of this judgment in accordance with law. This writ petition disposed of. AMIT RAWAL JUDGE nak

WP(C).No.12740 OF 2020(N) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE REGISTRATION CERTIFICATE NO 637/2019-20 DATED 18.1.2020 ISSUED BY THE CHOONDAL GRAMA PANCHAYAT EXHIBIT P1 (A) ENGLISH TRANSLATION OF EXT P-1. EXHIBIT P2OF THE GST REGISTRATION CERTIFICATE DATED 23.1.2020 ALLOTTED TO THE PETITIONER EXHIBIT P3OF THE APPLICATION DATED 24.2.2020 FILED BY MURALI K.V.BEFORE THE ASST LABOUR OFFICER KUNNAMKULAM EXHIBIT P4OF THE APPLICATION DATED 24.2.2020 FILED BY HARIH C.H.BEFORE THE ASST LABOUR OFFICER KUNNAMKULAM EXHIBIT P5OF THE APPLICATION DATED 24.2.2020 FILED BY SUBISH T.R.BEFORE THE ASST LABOUR OFFICER, KUNNAMKULAM EXHIBIT P6OF THE STATEMENT DAT4ED 19.3.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT