R.Janardhanan vs. The Asst. Labour Officer

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WP(C)/6369/2020HC KeralaGSTCNR KLHC01016771202003 March 2020Bench: HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUE AY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941 WP(C).No.6369 OF 2020(U) PETITIONER: R.JANARDHANAN, AGED 60 YEARS, S/O. A RAJAGOPAL, PARTNER, M/S. AIYAPPAS, MITCHEL JUNCTION, MAVELIKKARA, PIN-690101. BY ADVS. SRI.K.A.HAZAN SRI.V.J.JAMES SMT.M.M.FATHIMA JALEENA RESPONDENTS: 1 THE ASST. LABOUR OFFICER, CIVIL STATION, MAVELIKKARA, PIN-690101, 2 THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD, SUB OFFICE, MAVELIKKARA, PIN-690101. 3 THE SECRETARY TO GOVERNMENT, SKILLS AND LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. SRI.S. KRISHNAMOORTHY, SC SRI.RON BASTIAN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.6369 OF 2020 2 JUDGMENT The petitioner herein is the partner of Aiyappas, a textile show room situated in Alappuzha District. According to the petitioner, he has employed four permanent attached head load workers in the establishment for carrying of the entire loading, unloading and shifting the bundles to various locations in the building.

2.

Seeking registration under Rule 26 A of the Kerala Head Load Workers Rules 1981, he has preferred Exts.P4 to P7 applications before the Assistant Labour Officer (ALO). His only prayer is to issue necessary directions to the 1st respondent to consider Exts.P4 to P7 applications and pass appropriate orders within a time frame.

3.

The learned Standing Counsel appearing for the respondents contended that presently the work in the establishment is conducted by the pool workers. However, the learned Standing Counsel submits that there is no impediment in considering Exts.P4 to P7 and in passing appropriate orders. In that view of the matter, this writ petition is disposed of directing

WP(C).No.6369 OF 2020 3 the 1st respondent to take up Exts.P4 to P7 applications pending before the said Officer and pass appropriate orders expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. RAJA VIJAYARAGHAVAN V sru JUDGE

WP(C).No.6369 OF 2020 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE RECEIPT OBTAINED FOR REMITTING THE FEE FOR RENEWAL OF LICENCE., DATED 11.2.2020. EXHIBIT P2OF THE REGISTRATION CERTIFICATE NO.SHO40630010910 DATED 08.01.2008 ISSUED BY THE ASSISTANT LABOUR OFFICER, MAVELIKKARA. EXHIBIT P3OF THE GST REGISTRATION CERTIFICATE NO. 32AANFA3233C1Z3 DATED 16.07.2018. EXHIBIT P4OF THE APPLICATION DATED 14.01.2020 WITH ENCLOSURES, FILED BY PATHIRAKALI M BEFORE THE ASSISTANT LABOUR OFFICER, MAVELIKKARA. EXHIBIT P5OF THE APPLICATION DATED 14.1.2020 WITH ENCLOSURES, FILED BY ANILKUMAR J BEFORE THE ASSISTANT LABOUR OFFICER, MAVELIKAKRA. EXHIBIT P6OF THE APPLICATION DATED 14.1.2020 WITH ENCLOSURES FILED BY MUHAMMED SALIMBEFORE THE ASST. LABOUR OFFICER, MAVELIKKARA. EXHIBIT P7OF THE APPLICATION DATED 14.1.2020 WITH ENCLOSURES FILED BY SUBRAMANIAN P BEFORE THE ASSISTANT LABOUR OFFICER, MAVELIKAKRA. EXHIBIT P8OF THE FORM X NOTICE NO. HL.03/20,04/20, 95/20 AND 06/20 DATED 20.01.2020 ISSUED BY 1ST RESPONDENT. EXHIBIT P9OF THE STATEMENT DATED 05.02.2020 FILED BY THE PETITIONER BEFORE THE REGISTERING AUTHORITY. EXHIBIT P10OF THE EMPLOYMENT CUM WAGES REGISTER IN FORM V FOR THE WEEK ENDING ON 04.01.2020. WP(C).No.6369 OF 2020 5 EXHIBIT P11OF THE WAGE SLIP ISSUED TO PATHIRAKALI M FOR THE WEEK ENDING ON 22.02.2020. EXHIBIT P12OF THE WAGE SLIP ISSUED TO ANILKUMAR J FOR THE WEEK ENDING ON 22.2.2020. EXHIBIT P13OF THE WAGE SLIP ISSUED TO MUHAMMED SALIM FOR THE WEEK ENDING ON 22.02.2020. EXHIBIT P14OF THE WAGE SLIP ISSUED TO SUBRAMANIAN P FOR THE WEEK ENDING ON 22.2.2020. RESPONDENTS' EXHIBITS:NIL

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