Chandran Ponnappan vs. The Commissioner, Labour Commissionerate - Kerala High Court, 15 November 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941 WP(C).No.30876 OF 2019(H) PETITIONERS: 1 CHANDRAN PONNAPPAN AGED 48 YEARS S/O.PONNAPPAN, C.J.BHAVAN, ARATHALAVILAKAM, ARAYOOR P.O., THIRUVANANTHAPURAM-695 122. 2 MANIKANDAN.J., M C BHAVAN, POYYAKULAM, MARIYAPURAM P.O., CHENKAL, THIRUVANANTHAPURAM-695 122. 3 THANKAYYAN, JUZHINJAVILA VEEDU, ERICHALLOOR, PLAMOOTTUKADA P.O., THIRUVANANTHAPURAM-695 128. 4 SHINE.S.N., POTTAKULATHU PUTHEN VEEDU, MARIYAPURAM P.O., CHENKAL, THIRUVANANTHAPURAM-695 122. 5 VINEESH.T.S., MUNDAKKAVILA VEEDU, KANTHALLOOR, PLAMOOTTUKADA P.O., THIRUVANANTHAPURAM-695 128. BY ADVS. SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB RESPONDENTS: 1 THE COMMISSIONER, LABOUR COMMISSIONERATE, GOVERNMENT OF KERALA, THOZHIL BHAVAN, VIKASBHAVAN P.O., THIRUVANANTHAPURAM-695 033. 2 ASSISTANT LABOUR OFFICER, MINI CIVIL STATION, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695 121. BY PRIYA KHAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.30876 OF 2019(H) 2 JUDGMENT Dated this the 15th day of November 2019 Heard Adv. Liju V. Stephen for petitioners and Priya Khan, Government Pleader for respondents.

Petitioners pray for the following reliefs:- “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to consider the application submitted by the petitioners expeditiously in accordance with law and within a time frame as directed by this Hon'ble Court. and ii) To issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.”

Sri.Liju V. Stephen, submits that keeping in view the peculiar circumstances of the case a direction may be issued to the 2nd respondent to consider and dispose of Exts.P3 to P6 applications filed by petitioners 2 to 5. 4. The learned Government Pleader submits that reasonable time may be stipulated by this Court by

WP(C).No.30876 OF 2019(H) 3 calling upon the 2nd respondent to consider and dispose of Exts.P3 to P6 applications.

This Court by keeping in view the submission referred above disposes of the writ petition by this order: a) Petitioners 2 to 5 re-submit Exts.P3 to P6 applications together with a copy of this judgment before the 2nd respondent within two weeks from today. b) The 2nd respondent considers Exts.P3 to P6 applications and passes orders in accordance with law, after issuing notice and affording opportunity to Kerala Head Load Workers Board,

Thiruvananthapuram and communicates the decision to the petitioners within four weeks thereafter. S.V.BHATTI JUDGE DCS

WP(C).No.30876 OF 2019(H) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE D & O LICENSE RECEIVED FROM THE KARODE PANCHAYAT TO THE 1ST PETITIONER DATED 25.05.2019. EXHIBIT P2 AOF THE REGISTRATION CERTIFICATE UNDER GST DATED 18.04.2018. EXHIBIT P3 AOF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT ON 22.10.2019. EXHIBIT P4 AOF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 3RD PETITIONER TO THE 2ND RESPONDENT ON 22.10.2019. EXHIBIT P5 AOF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE 4TH PETITIONER TO THE 2ND RESPONDENT ON 22.10.2019.