Sasidharan Nair and Others v. State of Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN`** ``` THURSDAY, THE 17[TH] DAY OF AUGUST 2023 / 26TH SRAVANA, 1945 WP(C) NO.2417 OF 2023 ``` ## **`PETITIONERS:`** ``` 1SASIDHARAN NAIR, AGED 60 YEARS S/O.GOVINDA KURUP, THEMPANKUZHI VEEDU, NELLANAD P.O., VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695606 ``` - **`2 BAIJUKUMAR.N., AGED 43 YEARS S/O.NAGAPPAN NAIR, KUNNUMPURATHU VEEDU, VAVARA AMBALAM, POTHENCODE P.O., THIRUVANANTHAPURAM, PIN - 695584`** - **`3 ANIL KUMAR, AGED 51 YEARS S/O.KUNJUKRISHNA PILLAI, KAVUVILA VEEDU, PARACKAL, ALIYADU P.O., KOLIYAKODE, THIRUVANANTHAPURAM, PIN - 695607`** - **`4 VINEESH KUMAR.T.T., AGED 47 YEARS S/O THANKAPPAN PILLAI, KOUSTHUBAM, PARACKAL, ALIYADU.P.O., KOLIYAKODE, THIRUVANANTHAPURAM, PIN - 695607`** - **`5 VINEESH.M., AGED 35 YEARS, S/O.MURALI, KARIKKUZHY VEEDU, KARICHAYIL, NELLANAD P.O., VAMANAPURAM, THIRUVANANTHAPURAM, PIN - 695606`** - **`6 RAJESH.R., AGED 35 YEARS, S/O.RAJENDRAN, RAJESH BHAVAN, PANTHAPLAVIKONAM, NELLANAD P.O., VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695606`** - **`7 RATHEESH.R., AGED 34 YEARS, S/O.RAJENDRAN, RAJESH BHAVAN, PULLAMPARA, NELLANAD P.O., VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695606`** - **`8 RAJESH KUMAR.M.O., AGED 43 YEARS S/O.MADHAVAN NAIR, RAJESH BHAVAN, KITTIYANI, PANTHALACODE P.O., VATTAPPARA, THIRUVANANTHAPURAM, PIN - 695028`** - **`9 GOPAKUMAR.K., AGED 50 YEARS S/O.KRISHNAPILLAI, K.G. BHAVAN, PANTHAPLAVIKKONAM, NELLANAD.P.O., THIRUVANANTHAPURAM, PIN – 695606`** WP(C) No.2417 of 2023 2 - **`10 SURENDRAN, AGED 55 YEARS, S/O.CHELLAPPAN, VILAYIL VEEDU, NEERUMANKADAVU P.O., MITHIRMALA, THIRUVANANTHAPURAM, PIN - 695610`** ``` BY ADV A.S.SHAMMY RAJ ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 DISTRICT LABOUR OFFICER, KOLLAM OFFICE OF THE DISTRICT LABOUR OFFICER, KOLLAM CIVIL STATION P.O., KOLLAM, PIN - 691013`** - **`3 ASSISTANT LABOUR OFFICER LABOUR OFFICE, ATTINGAL, CIVIL STATION P.O., ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101`** - **`4 KERALA HEADLOAD WORKERS WELFARE FUND BOARD REPRESENTED BY ITS CHAIRMAN, KAUSTHUBHAM COMPLEX, CHENTHITTA, CHALAI P.O., THIRUVANANTHAPURAM, PIN - 695036`** ``` BY ADVS. ``` ``` SRI.THOMAS ABRAHAM ``` ``` SMT.PARVATHY K., GOVERNMENT PLEADER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) No.2417 of 2023 3 ## **`JUDGMENT`** ``` The 1[st]petitioner is the employer of petitioners 2 to 10. The 1[st] petitioner is proposing to commence a hardware shop. Petitioners 2 to 10 are the employees employed by the 1[st] petitioner for the purpose of loading and unloading in his establishment. The application of the petitioner for registration under Rule 26A of the Kerala Headload Workers Rules [for brevity, ‘the Rules’] was rejected by the 3[rd] respondent vide Ext.P12 order, against which the petitioners have preferred an appeal under Section 26(C) of the Rules. Ext.P3 is the order rejecting the appeal. It is contended by the learned counsel for the petitioners that the only reason for rejecting the appeal is that the issuance of registration card to the petitioners would reduce the ``` WP(C) No.2417 of 2023 4 ``` employment of the other headload workers in the area. ``` ``` 2. The learned counsel for the petitioners refers to the judgment of the Division Bench in Kerala Headload Workers Welfare Board v. Nishad M.B. and Others [2022 (5) KHC 367] and submits that the reduction of employment of the existing workers cannot be a ground for rejecting the application for Rule 24A cards. ``` ``` 3. In the light of the submissions made by both sides, I am of the view that it will be just and proper to set aside Exts.P12 & P13 orders and to remand the matter for fresh consideration by the 3[rd] respondent for appropriate orders on the applications of the petitioners 2 to 10 for registration, in accordance with law, and in the light of the dictum laid down by this Court in Nishad’s case [supra]. This shall be done within a ``` WP(C) No.2417 of 2023 5 ``` period of one month from the date of receipt of a certified copy of this judgment. ``` ``` The writ petition is disposed of. ``` ``` Sd/- ``` ## **`MURALI PURUSHOTHAMAN`** ``` JUDGE ``` ``` sp/18/08/2023 ``` WP(C) No.2417 of 2023 6 ## **`APPENDIX`** ## **`PETITIONER'S EXHIBITS:-`** ## **`EXHIBIT P1`** ``` TRUE COPY OF THE OWNERSHIP CERTIFICATE OF BUILDING NUMBERS 517/B, ISSUED BY THE NELLANAD GRAMA PANCHAYATH TO THE PETITIONER DATED 1.7.2022 ``` ## **`EXHIBIT P1(A)`** ``` TRUE COPY OF THE OWNERSHIP CERTIFICATE OF BUILDING NUMBERS 517/C, ISSUED BY THE NELLANAD GRAMA PANCHAYATH TO THE PETITIONER DATED 1.7.2022 ``` ``` EXHIBIT P1(B) ``` ``` TRUE COPY OF THE OWNERSHIP CERTIFICATE OF BUILDING NUMBERS 517/D, ISSUED BY THE NELLANAD GRAMA PANCHAYATH TO THE PETITIONER DATED 1.7.2022 ``` ``` EXHIBIT P1(C) ``` ``` TRUE COPY OF THE OWNERSHIP CERTIFICATE OF BUILDING NUMBERS 517/E, ISSUED BY THE NELLANAD GRAMA PANCHAYATH TO THE PETITIONER DATED 1.7.2022 ``` ``` EXHIBIT P1(D) ``` ``` TRUE COPY OF THE OWNERSHIP CERTIFICATE OF BUILDING NUMBERS 517/F, ISSUED BY THE NELLANAD GRAMA PANCHAYATH TO THE PETITIONER DATED 1.7.2022 ``` ## **`EXHIBIT P2`** - **`TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 17.6.2021 ISSUED BY REGISTRAR OF COMPANIES TO "THEMPAMKUZHI CONSTRUCTIONS PRIVATE LIMITED"`** - **`EXHIBIT P3`** ``` TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED 3.10.2021 SUBMITTED BY THE 2ND PETITIONER ALONG WITH HIS MEDICAL FITNESS CERTIFICATE ``` WP(C) No.2417 of 2023 7 ## **`EXHIBIT P4`** ``` TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED 3.10.2021 SUBMITTED BY THE 3RD PETITIONER, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE ``` ## **`EXHIBIT P5`** - **`TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED 3.10.2021 SUBMITTED BY THE 4TH PETITIONER, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE`** ## **`EXHIBIT P6`** - **`TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED 3.10.2021 SUBMITTED BY THE 5TH PETITIONER, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE`** ## **`EXHIBIT P7`** - **`TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED 3.10.2021 SUBMITTED BY THE 6TH PETITIONER, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE`** - **`EXHIBIT P8 TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED 3.10.2021 SUBMITTED BY THE 7TH PETITIONER, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE`** - **`EXHIBIT P9 TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED 3.10.2021 SUBMITTED BY THE 8TH PETITIONER, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE`** - **`EXHIBIT P10 TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED 2.10.2021 SUBMITTED BY THE 9TH PETITIONER, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE`** - **`EXHIBIT P11`** - **`TRUE COPY OF THE ONLINE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS DATED`** WP(C) No.2417 of 2023 8 ``` 2.10.2021 SUBMITTED BY THE 10TH PETITIONER, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE ``` ``` EXHIBIT P12TRUE COPY OF THE ORDER DATED 15.11.2021 VIDE NO.225/2021 PASSED BY THE 3RD RESPONDENT ``` ``` EXHIBIT P13TRUE COPY OF THE ORDER DATED 3.6.2022 IN H.L.A.G. 94/2022 PASSED BY THE 2ND RESPONDENT ```