Vargheese A and Liju v. Thiruvananthapuram District Committee of Kerala Headload Workers Welfare Board; Murugan S v. Thiruvananthapuram District Committee of Kerala Headload Workers Welfare Board

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 7[TH]DAY OF MARCH 2023 / 16TH PHALGUNA,1944 ``` ## **`WP(C) NO. 3970 OF 2023`** ## **`PETITIONER/S:`** ``` 1VARGHESE A, AGED 45 YEARS S/O ANTONY, CONVENER, POOL P3A, SHASTHADHANAM, T.C 26/1997/4, LAW COLLEGE, VANCHIYOOR. P.O, THIRUVANANTHAPURAM, PIN - 695035 2LIJU, AGED 38 YEARS S/O WILSON, JOINT CONVENER, POOL P3A AND P3B, BTR NAGAR, KUTTIYAMOODU, NETTAYAM. P.O , THIRUVANANTHAPURAM, PIN - 695013 BY ADVS. G.P.SHINOD GOVIND PADMANAABHAN AJIT G ANJARLEKAR ATUL MATHEWS GAYATHRI S.B. ``` ## **`RESPONDENT/S:`** ``` 1THIRUVANANTHAPURAM DISTRICT COMMITTEE OF KERALA HEADLOAD WORKERS WELFARE BOARD, HADI TOWERS T.C 24/1962, THAIKKAD P.O, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN, PIN - 695014 2ASSISTANT LABOUR OFFICER, THIRUVANANTHAPURAM DISTRICT, OFFICE OF THE ASSISTANT LABOUR OFFICER, THOZHIL BHAVAN, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 3DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM DISTRICT, OFFICE OF THE DISTRICT LABOUR OFFICER, THOZHIL BHAVAN, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 2 ``` ``` 4MURUGAN S AGED 53 YEARS S/O PARAMESWARAN, CONVENER, POOL P2A, T.C 45/683 (2) HAITHA NAGAR, THOPPIL, THAMALAM, POOJAPPURA P.O, THIRUVANANTHAPURAM, PIN - 695012 5A SELVARAJ AGED 57 YEARS S/O ARUMUGHAM, CONVENER, POOL P2B, KUNNUVILAKATH VEEDU, PANJAPPURA JUNCTION, VANCHIYOOR P.O, THIRUVANANTHAPURAM, PIN - 695035 6*DISTRICT LABOUR OFFICER PATHANAMTHITTA DISTRICT LABOUR OFFICE EXCEL COMPLEX, POST OFFICE ROAD PATHANAMTHITTA, KERALA-689645 (*ADDL. R6 IS SUOMOTU IMPLEADED AS PER ORDER DATED 07.03.2023) BY ADVS. SRI.S.KRISHNA MOORTHY, SC, KHWWB C.S.AJITH PRAKASH T.K.DEVARAJAN(K/253/1993) M.B.SOORI(K/310/2015) BABU M.(K/1324/2019) NIDHIN RAJ VETTIKKADAN(K/000060/2020) HAARIS MOOSA(K/001173/2016) ANCY THANKACHAN(K/1704/2019) GOURI KAILASH(K/002177/2022) KRISHNENDU.D(K/001297/2021) THOMAS ABRAHAM SMT DEEPA V GP SRI S KRISHNAMOORTHY SC SRI THOMAS ABRAHAM SC ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON07.03.2023,ALONGWITHWP(C).5788/2023,THECOURTONTHE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 3 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 7[TH]DAY OF MARCH 2023 / 16TH PHALGUNA,1944 ``` ## **`WP(C) NO. 5788 OF 2023`** ## **`PETITIONER/S:`** ``` 1MURUGAN S. AGED 53 YEARS S/O PARAMESWARAN T.C 45/683(2), HAITHA NAGAR THOPPIL, THAMALAM, POOJAPPURA P.O THIRUVANANTHAPURAM, PIN - 695012 2RAJESH S.A AGED 36 YEARS S/O SADASIVAN KRIPALAYAM, PALLIVILA, PULIYIRAKKONAM THIRUVANANTHAPURAM, PIN - 695573 BY ADVS. C.S.AJITH PRAKASH T.K.DEVARAJAN FRANKLIN ARACKAL PAUL C THOMAS BABU M. ANCY THANKACHAN NIDHIN RAJ VETTIKKADAN HAARIS MOOSA M.B.SOORI GOURI KAILASH ``` ## **`RESPONDENT/S:`** ``` 1THIRUVANANTHAPURAM DISTRICT COMMITTEE OF KERALA HEAD LOAD WORKERS WELFARE BOARD HADI TOWERS, T.C 24/1962, THAIKKAD P.O THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN, PIN - 695014 ``` ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 4 ``` ``` 2THE CHAIRMAN THIRUVANANTHAPURAM DISTRICT COMMITTEE OF KERALA HEAD LOAD WORKERS WELFARE BOARD HADITOWERS, T.C 24/1962, THAIKKAD P.O THIRUVANANTHAPURAM, PIN - 695014 ``` ``` 3THE DISTRICT LABOUR OFFICER (GENERAL) THIRUVANANTHAPURAM DISTRICT OFFICE OF THE DISTRICT LABOUR OFFICER, THOZHILBHAVAN, THIRUVANANTHAPURAM, PIN - 695033 4THE ASSISTANT LABOUR OFFICER 3RD CIRCLE, THIRUVANANTHAPURAM OFFICE OF THE ASSISTANT LABOUR OFFICER, THOZHILBHAVAN, VIKASBHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` 5VARGHESE A S/O. ANTONY, AGED 45 YEARS, CONVENER, POOL P3 A, SHASTHADHANAM, TC 26/1997/4, LAW COLLEGE, VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035 ``` ``` 6*DISTRICT LABOUR OFFICER PATHANAMTHITTA DISTRICT LABOUR OFFICE EXCEL COMPLEX, POST OFFICE ROAD PATHANAMTHITTA, KERALA-689645 ``` ``` (*ADDL. R6 IS SUOMOTU IMPLEADED AS PER ORDER DATED 07.03.2023) ``` ``` BY ADV THOMAS ABRAHAM ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON07.03.2023,ALONGWITHWP(C).3970/2023,THECOURTONTHE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 5 ``` ## **JUDGMENT** W.P.(C.) No. 3970/2023 is filed by certain headload workers employed by the Thiruvananthapuram District Committee of the Kerala Headload Workers Welfare Board. They contend that they are carrying out loading and unloading operations within Palayam Connemara Market, and they have been included in Pools P3A and P3B. 2. The petitioners in W.P.(C.) No. 5788/2023 are also registered Headload workers holding 6A cards and working in the Palayam Connemara Market. 3. For the sake of ease and clarity, the parties and exhibits shall be as referred to in WP(C) No. 3970/2022. 4. The petitioners in both these cases are aggrieved by Ext.P3 order issued by the Thiruvananthapuram District Committee of Kerala Headload Workers Welfare Board on 28.01.2023, by which the Committee, after considering the prevailing workload, decided to rearrange the work. The petitioners in both these cases contend that the major workload has been given to the members of the other pool. ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 6 ``` 5. The petitioners in W.P.(C) No.3970/2023 assert that being aggrieved by Ext.P3 order, they have already preferred Ext.P4 appeal before the 3rd respondent by invoking Section 21(6) of the Kerala Headload Workers Act, 1978. They contend that the 3rd respondent is himself the Chairman of the Thiruvananthapuram District Committee, which passed Ext.P3 order, and therefore, the appeal preferred by the petitioners is required to be transferred to another competent District Labour Officer. 6. When the matter had come up for consideration on 06.02.2023, this Court, by an interim order, ordered to keep Ext. P3 in abeyance. In the meantime, the group members of Pool P2A and P2B have also approached this Court by filing W.P.(C.) No. 5788/2023. They contended that the allocation of loading and unloading work exclusively to the petitioners in W.P.(C.) No. 3970/2023 cannot be sustained. 7. The learned Government Pleader was directed to get instructions as to whether the dispute raised by the petitioners in W.P.(C.) No. 3970/2023 can be taken up and considered by any other authority. 8. Today, when the matter was taken up for consideration, the learned Government Pleader, on instructions, submits that orders have been ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 7 ``` issued, directing the District Labour Officer, Pathanamthitta, to hear the matter and take a decision. 9. Sri. G.P. Shinod, the learned counsel appearing for the petitioner in W.P.(C.) No. 3970/2023, submits that directions be issued to the District Labour Officer, Pathanamthitta, to consider the matter and take a decision in an expeditious manner. It is submitted that the petitioners shall file an application for stay and requests that the stay petition be ordered to be considered, and until then, the interim order passed by this Court on 06.02.2023 be permitted to continue. 10. Sri. C.S. Ajith Prakash, the learned counsel appearing for the petitioner in W.P.(C.) No. 5788/2023 refers to Ext. P4 in his writ petition, and it is submitted that the order having been implemented, this Court will not be justified in granting the prayer sought by Sri. G.P. Shinod. The learned counsel also refers to the law laid down by this Court in **Jerin T Alias and Another V. CEO, Kerala Headload Workers Welfare Board** [2020 (1) KHC 564] and **Makkar C. M and others v. State of Kerala and others** [2019 (4) KHC 1], and it is argued that the grant of the interim order unless an exceptional cause is made out has been deprecated by this Court. ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 8 ``` 11. Having considered the submissions of the learned Government Pleader that the matter has been referred to the District Labour Officer, Pathanamthitta, the District Labour Officer, Pathanamthitta District, is suo motu impleaded as additional respondent in the writ petition. 12. I have considered the submissions advanced. 13. I find that the petitioners in both these cases are aggrieved by the order passed by the District Committee headed by the District Labour Officer. The petitioners in W.P.(C) No. 3970/2023 have already approached the Appellate Authority and have preferred Ext.P4 appeal narrating their grievance on 30.01.2023. A stalemate occurred as the Chairman of the District Committee, who is the 3rd respondent, and the said officer is the Appellate Authority under Section 21(6). It was taken note of this fact that this Court, by an interim order dated 06.02.2023, has directed to stay the operation of Ext.P3 for the time being. Now that the matter is made over to the additional 6th respondent, the District Labour Officer, Pathanamthitta, directions can be issued to the said authority to consider the appeals preferred under Section 21(6) and take a decision expeditiously. In view of the discussion above, this writ petition is ordered by issuing the following directions: ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 9 ``` (i) Within a period of ten days from today, the 3rd respondent shall make over Ext.P4 appeal preferred by the petitioners in W.P.(C) 3970/2023 and appeal, if any, preferred by the petitioners in W.P.(C) No. 5788/2023 to the District Labour Officer, Pathanamthitta, the additional 6th respondent. (ii) On receipt of the appeal, the District Labour Officer, Pathanamthitta, shall consider the appeal and pass orders expeditiously, in any event, within one month from the date of receipt of a copy of this judgment. (iii) It would be open to the petitioners in these cases to file appropriate applications before the additional 6th respondent seeking a stay of the proceedings. If any application is filed, orders shall be passed within seven days of the filing of such application. (iv) Till orders are passed as directed above, the interim order dated 06.02.2023 shall continue. Sd/- ## **RAJA VIJAYARAGHAVAN V JUDGE** ``` avs ``` ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 10 ``` ## **`APPENDIX OF WP(C) 5788/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 1STPETITIONER UNDER PARA-6A OF THE SCHEME 1983 ``` ``` Exhibit P2A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 2ND PETITIONER UNDER PARA-6A OF THE SCHEME 1983 Exhibit P3A TRUE COPY OF THE REPRESENTATION DATED 30/08/2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT ``` ``` Exhibit P4A TRUE COPY OF THE PROCEEDINGS NO. E5-3149/2022 DATED 28/01/2023 ISSUED BY THE CHAIRMAN OF THE DISTRICT BOARD ``` ``` Exhibit P5A TRUE COPY OF THE MINUTES OF THE DISTRICT COMMITTEE OF THE BOARD MEETING NO. 22 DATED 28/01/2023 SIGNED BY THE CHAIRMAN Exhibit P6A TRUE COPY OF THE RELEVANT PAGE OF ONE SUCH MINUTES OF THE MEETING OF THE DISTRICT COMMITTEE OF THE BOARD DATED 02/12/2022 Exhibit P7A TRUE COPY OF THE REPLY NOTICE DATED 05/12/2022 ISSUED TO THE LAWYER BY THE CHAIRMAN OF THE BOARD ``` ``` Exhibit P8A TRUE COPY OF THE REPORT NO. 437/2022 DATED 01/12/2022 OF THE 4THRESPONDENT SUBMITTED TO THE CHAIRMAN OF THE BOARD Exhibit P9A TRUE COPY OF THE REPORT NO. 437/2022 DATED 24/01/2023 SEND BY THE 4TH RESPONDENT TO THE CHAIRMAN OF THE DISTRICT BOARD Exhibit P10A TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE BOARD MEETING FROM PAGE 277 TO 279 DATED 27/01/2023 ``` ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 11 ``` ``` Exhibit P11A TRUE COPY OF THE INFORMATION FURNISHED BY THE PUBLIC INFORMATION OFFICER UNDER THE 1ST RESPONDENT UNDER RTI ACT DATED 11.10.2022 ``` ``` Exhibit P12A TRUE COPY OF THE AGENDA OF THE MEETING OF THE 1ST RESPONDENT BOARD DATED 08.04.2021 AND THE DECISION NO.4(13) ``` ``` Exhibit P13A TRUE COPY OF THE WORK CARD RECEIPT NO. 1204 DATED 06-02-2023 Exhibit P14A TRUE COPY OF THE WORK CARD RECEIPT NO. 86705 DATED 04-02-2023 Exhibit P15A TRUE COPY OF THE INTERIM ORDER DATED 06/02/2023 IN W.P.(C) NO.3970/2023 ``` ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 12 ``` ## **`APPENDIX OF WP(C) 3970/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1A TRUE COPY OF THE JUDGEMENT DATED 20-10-2022 IN WP(C) NO. 33424 OF 2022 OF THE HIGH COURT OF KERALA Exhibit P2A TRUE COPY OF THE ORDER NO.E5-1681/2009 DATED 18-09-2009 Exhibit P3A TRUE COPY OF THE ORDER NO.E5-3149/2022 PASSED BY THE COMMITTEE DATED 28-01-2023 Exhibit P4A TRUE COPY OF THE PETITIONS SUBMITTED BEFORE THE 3RD RESPONDENT DATED 30-01-2023 Exhibit P5A TRUE COPY OF COMMUNICATION NO.G(2)537/2023 DATED 01-02-2023 RESPONDENT EXHIBITS EXHIBIT R4(A)A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE DEPONENT AND TWO OTHER HEAD LOAD WORKERS BEFORE THE 1ST RESPONDENT BOARD, RECEIVED ON 30.08.2022 EXHIBIT R4(B)A TRUE COPY OF THE NOTICE ISSUED BY THE CHAIRMAN OF THE 1ST RESPONDENT BOARD DATED 25.01.2023 EXHIBIT R4(C)A TRUE COPY OF THE REPORT OF THE ASSISTANT LABOUR OFFICER (ALO) 3RD CIRCLE DATED 01.12.2022 FORWARDED TO THE CHAIRMAN OF THE BOARD EXHIBIT R4(D)A TRUE COPY OF THE REPORT SEND BY THE ALO 3RD CIRCLE DATED 24.01.2023 TO THE CHAIRMAN OF THE 1ST RESPONDENT BOARD EXHIBIT R4(E)A TRUE COPY OF THE INFORMATION FURNISHED BY THE PUBLIC INFORMATION OFFICER OF THE BOARD TO ADV. RAJEEV K S OBTAINED UNDER RIGHT TO INFORMATION ACT DATED 11/10/2022 ``` ``` WP(C) NOs. 3970 & 5788 OF 2023 ``` ``` 13 ``` - `EXHIBIT R4(F) A TRUE COPY OF THE INFORMATION FURNISHED BY THE ASSISTANT PUBLIC INFORMATION OFFICER OF THE BOARD DATED 16/12/2022 TO A HEAD LOAD WORKER NAMELY MR. DEEPU M` - `EXHIBIT R4(G) A TRUE COPY OF THE RECEIPT NO. C 93706 DATED 04.02.2023 SHOWING REMITTANCE OF THE AMOUNT IN THE BOARD` - `EXHIBIT R4(H) A TRUE COPY OF THE RECEIPT NO. C 86704 DATED 06.02.2023 SHOWING REMITTANCE OF THE AMOUNT IN THE BOARD` ``` EXHIBIT R4(I)A TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING ARRANGED BY THE 1ST RESPONDENT BOARD DATED 27.01.2023 ``` ``` EXHIBIT R4(J)A TRUE COPY OF THE MINUTES OF THE MEETING OF THE DISTRICT COMMITTEE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD DATED 28/01/2023 ```