Billy Graham vs. District Labour Officer - Kerala High Court, 12 June 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 12TH DAY OF JUNE 2020 / 22ND JYAISHTA, 1942 WP(C).No.11619 OF 2020(B) PETITIONERS: 1 BILLY GRAHAM AGED 38 YEARS S/O.JASAYAN, SHALOM MANDRIRAM, VAZHICHAL P.O., THIRUVANANTHAPURAM, PIN-695125. 2 PRAMOD, AGED 38 YEARS S/O.TITUS, THEKKUMKARA VEEDU, CHOVVALLI, MYLAKKARA P.O., THIRUVANANTHAPURAM, PIN-695572. 3 SUDHEER, AGED 38 YEARS S/O.HALUDHEEN, SULEKHA MANAZIL, CHIRAKKODE, KATTAMLA P.O., THIRUVANANTHAPURAM, PIN-695505. 4 VINOD V., AGED 35 YEARS S/O.VIJAYAN, THEKKUMKARA PUTHANVEEDU, CHOVVALLI, MYLAKKARA P.O., THIRUVANANTHAPURAM, PIN-695572. 5 VIJAYAN C., AGED 52 YEARS S/O.CHELLAN, ROBIN BHAVAN, KANDAMTHITTA, VAZHICHAL P.O., THIRUVANANTHAPURAM, PIN-695125. 6 ANEESH, AGED 33 YEARS S/O.SUKU, ANEESH BHAVAN, VAVODE, VAZHICHAL P.O., THIRUVANANTHAPURAM, PIN-695125. BY ADV. SMT.A.A.SHIBI RESPONDENTS: 1 DISTRICT LABOUR OFFICER DISTRICT LABOUR OFFICE, THOZHIL BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033. WP(C).No.11619 OF 2020(B) 2 2 ASSISTANT LABOUR OFFICER, NEYYATTINKARA LABOUR OFFICE, MINI CIVIL STATION, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695121. BY SRI. PAUL ABRAHAM VAKKANAL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.11619 OF 2020(B) 3 JUDGMENT Dated this the 12th day of June 2020 Petitioners are working as headload workers at Nexa Marketing, MPVI/171A, Main Road, Malayinkeezhu, Meppukadav. Nexa Marketing, an establishment doing wholesale business of marbles and tiles. It has obtained GST Registration Certificate of Nexa Marketing issued under the Shops and Commercial Establishment Act. On 16.10.2019, applications under Rule 26(A) of the Kerala Headload Workers Act, 1985 (for short the 'KHLW Act') were submitted before the first respondent for issuance of permanent attached Labour Card, which is evident from Exts.P2 to P2(e).

Adv. Smt.A.A.Shibi, learned counsel appearing on behalf of the petitioners submits that on receipt of the applications aforementioned, the second respondent conducted the hearing on 19.02.2020 and in a most sketchy and erroneous manner dismissed applications vide Ext. P3 order dated 24.02.2020. The aforementioned order is appealable under the KHLW Act and accordingly appeals

WP(C).No.11619 OF 2020(B) 4 vide Ext.P4 series dated 12.05.2020 have been submitted before the first respondent. But the details of the same is not known. It is in this context, intervention of this Court is warranted for issuance of appropriate direction.

Issue notice before admission.

Sri. Paul Abraham Vakkanal, learned Government Pleader appearing for the respondents submits that the writ petition prima facie is premature, as during all this period there was lockdown and obviously, appeals would be taken only after 31st May, 2020. It is too early for petitioners to approach this Court for appropriate direction, but would not be averse, in case, this Court is inclined to issue directions for effective hearing of the pending appeals. It is still to be ascertained whether the appeals have been registered / listed or not.

Having heard learned counsel for the parties and appraised the paper books, without commenting on merits of the case, I dispose of the writ petition by issuing directions to the first respondent to register the appeals, if not already done and intimate petitioners through e-mail or whatsApp or text message or via any

WP(C).No.11619 OF 2020(B) 5 other recognized mode regarding its effect and intimate the hearing of the appeals, so that petitioners or their representative can appear and address arguments. Let the entire exercise be undertaken within a period of two months from the date of receipt of a certified copy of this judgment, by affording an opportunity of hearing, in accordance with law. The writ petition stands disposed of accordingly. AMIT RAWAL JUDGE DCS

WP(C).No.11619 OF 2020(B) 6 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF GST REGISTRATION CERTIFICATE OF NEXA MARKETING ISSUED UNDER SHOPS AND COMMERCIAL ESTABLISHMENT ACT. EXHIBIT P2OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY THE 1ST PETITIONER DATED 16.10.2019. EXHIBIT P2(A)OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY THE 2ND PETITIONER DATED 16.10.2019. EXHIBIT P2(B)OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY THE 3RD PETITIONER DATED 16.10.2019. EXHIBIT P2(C)OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY THE 4TH PETITIONER DATED 16.10.2019. EXHIBIT P2(D)OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY THE 5TH PETITIONER DATED 16.10.2019. EXHIBIT P2(E)OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY THE 6TH PETITIONER DATED 16.10.2019. EXHIBIT P3OF ORDER NO.738/2019 DATED 24.2.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4OF APPEAL SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.5.2020 ALONG WITH IT'S POSTAL RECEIPT. EXHIBIT P4(A)OF APPEAL SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.5.2020 ALONG WITH IT'S POSTAL RECEIPT.

WP(C).No.11619 OF 2020(B) 7 EXHIBIT P4(B)OF APPEAL SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.5.2020 ALONG WITH IT'S POSTAL RECEIPT. EXHIBIT P4(C)OF APPEAL SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.5.2020 ALONG WITH IT'S POSTAL RECEIPT. EXHIBIT P4(D)OF APPEAL SUBMITTED BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.5.2020 ALONG WITH IT'S POSTAL RECEIPT. EXHIBIT P4(E)OF APPEAL SUBMITTED BY THE 6TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.5.2020 ALONG WITH IT'S POSTAL RECEIPT.