## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN**
## **FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946**
## **WP(C) NO. 13067 OF 2023**
## **PETITIONERS:**
|**1**|**JOMON SEBASTIAN,**|
|---|---|
||**AGED 37 YEARS**|
||**EANAYE HOUSE, MANJAPRA P.O,**|
||**NADAMURY, ERNAKULAM,**|
||**PIN – 683 581.**|
|**2**|**ABDUL MANAF P.P**|
||**AGED 26 YEARS**|
||**KALATHUMPADIKKAL, THIRUMITTACODE P.O,**|
||**PALAKKAD, PIN – 679 533.**|
|**3**|**MUHAMMED IRFAN**|
||**AGED 19 YEARS**|
||**MADATHIL PARAMBIL, AROOR,**|
||**ALAPPUZHA, PIN – 688 534.**|
|**4**|**PRATAP LAMA**|
||**AGED 41 YEARS**|
||**NEW LANE, BANDAPANI TEA GARDEN,**|
||**ALIPURDUAR, WEST BENGAL,**|
||**PIN – 735 204.**|
|**5**|**AJABULMANDAL**|
||**AGED 21 YEARS**|
||**KANTABARI, KAJIPARA, MURSHIDABAD,**|
||**WEST BENGAL, PIN – 742 306.**|
|**6**|**MANGALAM LAKSHMI**|
||**AGED 45 YEARS**|
||**KADAVIL PARAMBIL, AROOR,**|
||**ALAPPUZHA, PIN – 688 534.**|
|**7**|**SEBASTIAN**|
||**AGED 50 YEARS**|
||**VADAKKELAN ANAPPARA, THURAVOOR,**|
||**MANJAPRA, ERNAKULAM, PIN – 683 581.**|
|**8**|**KOYAMON P.K**|
||**AGED 54 YEARS**|
||**PADANNA KALATHIL HOUSE,**|
||**THALAKKULATHUR,**|
||**KOZHIKODE, PIN – 673 317.**|
|**9**|**SANJAY THAPA**|
||**AGED 28 YEARS**|
||**BANDAPANI TEA GARDEN, BANDAPANI,**|
||**JALPAIGURI, WEST BENGAL,**|
||**PIN – 735 204.**|
|**10**|**SEWA TAMANG**|
**WP(C) NOS.13067 & 13978 OF 2023**
**2**
- **AGED 38 YEARS NEW LANE, BIRPADA - NO.2, JAIPAIGURI, WEST BENGAL, PIN – 735 204.**
- **11 THANZEER K.M AGED 33 YEARS KARIAPPALLIPARAMBU HOUSE, NETTOOR P.O, ERNAKULAM, PIN – 682 040.**
- **12 RIJU R AGED 33 YEARS ASARIPARAMBIL HOUSE, PALLURUTHY, ERNAKULAM, PIN – 682 006.**
- **13 NOUSHAD K.S AGED 47 YEARS KANDATHIL, PATTANAKKAD, CHERTHALA, ALAPPUZHA, PIN – 688 531.**
- **14 NISAR AGED 42 YEARS VELIYIL, THYCKAL PO, CHERTHALA SOUTH, ALAPPUZHA, PIN – 688 530.**
- **15 ISMAIL P.I., AGED 43 YEARS KANNAMMURIPARAMBU HOUSE, POTTAKUZHY - MAMANGALAM CROSS ROAD, ELAMAKKARA, ERNAKULAM, PIN – 682 026.**
- **16 SANJAY THAPA MANGAR AGED 35 YEARS BANDAPANI TEA GARDEN, BIRPARA, JAIPAIGURI, WEST BENGAL, PIN – 735 204.**
- **17 CHHATTHU AGED 35 YEARS, NO.501, DUDHI, TAMAKUHIRAJ, KUSHINAGAR, UTTAR PRADESH, PIN – 274 302.**
- **18 ISADIN BAITHA AGED 49 YEARS HOUSE NO.131, GHOGHA, WEST CHAMPARAN, BIHAR, PIN – 855 450.**
- **19 ARUN M.C AGED 42 YEARS MOOTHEDATH, COLONY NETTOOR, ERNAKULAM, PIN – 682 040.**
- **20 SUBASH V.K AGED 32 YEARS VIRIPPIL, CHANDNAKAVALA, MARYGIRI P.O, KATTAPPANA, IDUKKI, PIN – 685 515.**
**WP(C) NOS.13067 & 13978 OF 2023**
**3**
|**21**|**CYRIL C.SUNNY**|
|---|---|
||**AGED 36 YEARS, EDATHIL, VAIKOM,**|
||**ULLALA, THALAYAZHAM, KOTTAYAM,**|
||**PIN – 686 607.**|
|**22**|**MOHAMMED RIYAS**|
||**AGED 27 YEARS**|
||**NEDUMPILLI VEEDU, CHALIKKAVATTOM,**|
||**NEAR JAUMAMASJID, VENNALA P.O,**|
||**ERNAKULAM, PIN – 682 028.**|
|**23**|**NASIRUL HOQUE**|
||**AGED 23 YEARS**|
||**DHANEKHOWA, NAGAON, ASSAM,**|
||**PIN – 782 143.**|
|**24**|**SHAFI P.A**|
||**AGED 52 YEARS**|
||**PLAKAPPILLY HOUSE, SHANTHI NAGAR,**|
||**CHAKKARAPARAMB, ERNAKULAM,**|
||**PIN – 682 026.**|
|**25**|**MAJEED**|
||**AGED 42 YEARS**|
||**NO.17/410, KANELY HOUSE, PURAKKELI ROAD,**|
||**NETTOOR, ERNAKULAM, PIN – 682 040.**|
|**26**|**NASAR M.S**|
||**AGED 53 YEARS**|
||**MANNARATHARA HOUSE, PANAPPARAMBU P.O,**|
||**CHEPPANAM, KUMBALAM, ERNAKULAM,**|
||**PIN – 682 506.**|
|**27**|**ZIYAD**|
||**AGED 53 YEARS**|
||**KANIYAMPARAMB, VADACODE P.O,**|
||**KANGARAPPADY, ERNAKULAM,**|
||**PIN – 682 021.**|
|**28**|**MOKBUL HUSSAIN**|
||**AGED 24 YEARS**|
||**SCHOOL HANG TANG, NAGAON, SALANA,**|
||**ASSAM, PIN – 782 139.**|
|**29**|**SARATH B.**|
||**AGED 29 YEARS**|
||**SARATH BHAVAN, KALANJOOR,**|
||**PATHANAMTHITTA, PIN – 689 694.**|
|**30**|**NIVIN KUMAR**|
||**AGED 23 YEARS**|
||**WARD NO.01, DHANA BASA, DURGAPUR,**|
||**MADHEPURA, BIHAR, PIN – 852 116.**|
|**31**|**JAHANGIR ALAM**|
||**AGED 24 YEARS**|
||**EKBAMA SIMLA, BETAHEAEK BAMA,**|
**WP(C) NOS.13067 & 13978 OF 2023**
**4**
**RATUA II MALDA, WEST BENGAL, PIN – 732 204.**
**BY ADVS. VINAY KUMAR VARMA S.SHYAM N.K.KARNIS V.K.BALACHANDRAN**
## **RESPONDENTS:**
- **1 ASSISTANT LABOUR OFFICER, ERNAKULAM FIRST CIRCLE, KAKKANAD, KOCHI, PIN – 682 030.**
- **2 KERALA HEAD LOAD WORKERS' WELFARE FUND BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRM ROAD, ERNAKULAM, KOCHI, PIN – 682 018.**
- **3 THE ERNAKULAM DISTRICT COMMITTEE OF KERALA HEAD LOAD WORKERS' WELFARE FUND BOARD REPRESENTED BY ITS CHAIRMAN, KUMMANCHERRY BUILDING, T.D. ROAD, ERNAKULAM, KOCHI, PIN – 682 035.**
- **4 KERALA HEAD LOAD WELFARE FUND BOARD SUB OFFICE THRIPUNITHURA, PLAKUZHY BUILDING, HILLS PALACE ROAD, CHATHARI, THRIPUNITHURA – 682 301, REPRESENTED BY ITS CHAIRMAN.**
- **5 MARADU MARKET TRADERS ASSOCIATION REG.NO.ER-391/08 REPRESENTED BY ITS PRESIDENT, ROOM NO.A/1, A U W MARKET, NETTOOR P.O, KOCHI, PIN – 682 040.**
- **6 SAJU PAPPACHAN NATIONAL BANANA, 23/261, MARKET, NETTOOR P.O, KOCHI, PIN – 682 040.**
- **7 SIBIL RAJ. C.S CORIS TRADING COMPANY, ROOM NO.6, A U W MARKET, NETTOOR P.O, KOCHI, PIN – 682 040.**
- **8 NISHAD, M.M VEGETABLES, A U W MARKET, NETTOOR P.O, KOCHI, PIN – 682 040.**
- **9 DISTRICT LABOUR OFFICER KAKKANAD, KOCHI, PIN – 682 030.**
**WP(C) NOS.13067 & 13978 OF 2023**
**5**
***ADDL. BIJU K. B, R10 POOL LEADER OF POOL NO.10 NETTOOR POOL, S/O. BABU K.S, AGED 32 YEARS, KANNOTH PARAMBU, NETTOOR P. O, ERNAKULAM - 682 040 *IS IMPLEADED AS ADDL.R10 VIDE ORDER DATED 24.05.2023 IN IA 1/23. *ADDL. POOL NO.9, R11 HEAD LOAD AND GENERAL WORKERS UNION (CITU), URBAN WHOLESALE MARKET, MARADU MUNICIPALITY, ERNAKULAM DISTRICT - 682 304, REPRESENTED BY ITS CONVENER, M.B. RAJESH KUMAR, AGED 47 YEARS, S/O. BHASKARAN, MANDATHARA HOUSE, MARADU P.O., ERNAKULAM DISTRICT - 682 304 *IS IMPLEADED AS ADDL.R11 VIDE ORDER DATED 24-05-2023 IN IA 3/23.**
**R2 – R4 - SRI.K.S.ARUN KUMAR SAJI VARGHESE C.S.AJITH PRAKASH V.P.PRASAD T.K.DEVARAJAN ANCY THANKACHAN NIDHIN RAJ VETTIKKADAN GOURI KAILASH**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.05.2024, ALONG WITH WP(C).13978/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C) NOS.13067 & 13978 OF 2023**
**6**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN**
**FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946**
## **WP(C) NO. 13978 OF 2023**
## **PETITIONERS:**
|**1**|**LAKHYA DIHINGIA,**|
|---|---|
||**AGED 21 YEARS**|
||**THARALIPATHAR, NILAKH, BORBAMGAON,**|
||**DHEMAJI, ASSAM – 786 110.**|
|**2**|**RAJIB BHUYAN**|
||**AGED 23 YEARS**|
||**BIJOYPURGAON, DHODANG CHAPORI,**|
||**JORHAT, ASSAM, PIN – 785 104.**|
|**3**|**RAHIM ALI**|
||**AGED 25 YEARS**|
||**HARAMJAR BAKSA, ASSAM, PIN – 781 346.**|
|**4**|**BHISHMA GOGAI**|
||**AGED 29 YEARS**|
||**NILAKH TARANI, PATHAR, NO:1, NILAKKONCHAGAON,**|
||**DHEMAJI, ASSAM, PIN – 786 110.**|
|**5**|**JAGIR HUSSAIN**|
||**AGED 35 YEARS**|
||**AMAGURI VILLAGE, P S KAMPUR, NAGAON,**|
||**ASSAM, PIN – 782 140.**|
|**6**|**SHAMIN SHAN P. E**|
||**AGED 28 YEARS**|
||**NAAS VILLA, T C ROAD, CHIRAKKARA P.O.,**|
||**KANNUR, PIN – 670 104.**|
|**7**|**ANWAR HUSSAIN**|
||**AGED 25 YEARS**|
||**35-BARPUTIA, KAPILIKAN, ISLAMNAGAR,**|
||**JAMUNAMUKH, NAGAON, ASSAM, PIN – 782 428.**|
|**8**|**TAHER ALI**|
||**AGED 30 YEARS**|
||**RAJAALI, JURIPAR, KAMPUR, SUB DIVN. NAGAON,**|
||**ASSAM, PIN – 782 426.**|
|**9**|**MUHAMMED JAVAD T.**|
||**AGED 25 YEARS**|
||**PAMBERY HOUSE, MOKERY,**|
||**KANNUR, PIN – 670 692.**|
|**10**|**SHIJEESH C**|
**WP(C) NOS.13067 & 13978 OF 2023**
**7**
||**AGED 31 YEARS**|
|---|---|
||**PINNAKKADAVIDA, CHAMPAD PO.,**|
||**MOKERI, KANNUR, PIN – 670 694.**|
|**11**|**SADDAM HUSSAIN**|
||**AGED 24 YEARS, ICHLAM NAGAR, BORPALIA,**|
||**NAGAON, JAMUNAMUKH, ASSAM,**|
||**PIN – 782 428.**|
|**12**|**RAMTULLAH MIYAN**|
||**AGED 33 YEARS**|
||**KAWILASAWA, GHOGHA, WEST CHEMPARAN,**|
||**BIHAR, PIN – 845 449.**|
|**13**|**SIVRAJ MANGAR**|
||**AGED 30 YEARS**|
||**BUNDAPANI, BANDAPANI, TEA GARDEN,**|
||**WEST BENGAL, PIN – 735 204.**|
|**14**|**BESTO THOMAS**|
||**AGED 32 YEARS**|
||**KOLATTUKUDY HOUSE, VADAKKUMBHAGAM,**|
||**MANJAPARA, ERNAKULAM, PIN – 683 581.**|
|**15**|**JIAUR RAHMAN**|
||**AGED 40 YEARS**|
||**RAMANIPATHAR, JUNPAR, NAGAONKAMPUR,**|
||**ASSAM, PIN – 782 426.**|
|**16**|**MOKTAR HUSSAIN**|
||**AGED 20 YEARS**|
||**KANDAPARA, KACHUA NO.1,NAGAON,**|
||**ASSAM, PIN – 782 426.**|
|**17**|**AZAHAR UDDIN**|
||**AGED 20 YEARS**|
||**PHOLIAMARI, PATHAR, MARIGAON,**|
||**ASSAM, PIN – 782 127.**|
|**18**|**BADANUL ISLAM**|
||**AGED 35 YEARS**|
||**MAYONG, GAGALMARI, MARIGAON,**|
||**ASSAM, PIN – 782 121.**|
|**19**|**SAIDALI J.**|
||**AGED 25 YEARS**|
||**MALIYAKKAL HOUSE, PONNARIMANGALAM,**|
||**MULAVUKAD, ERNAKULAM, PIN – 682 504.**|
|**20**|**KIRAN TAMANG**|
||**AGED 27 YEARS**|
||**BUNDAPANI, BANDAPANI, TEA GARDEN,**|
||**BIRPARA, JALPAIGURI, WEST BENGAL,**|
||**PIN – 735 204.**|
|**21**|**BASANT THAPA**|
||**AGED 40 YEARS**|
**WP(C) NOS.13067 & 13978 OF 2023**
**8**
||**NEW PAKKA LINE, BUNDAPANI, BANDAPANI,**|
|---|---|
||**TEA GARDEN, JALPAIGURI, WEST BENGAL,**|
||**PIN – 735 204.**|
|**22**|**SHEREEF M. H**|
||**AGED 50 YEARS**|
||**MARACKAMPARAMBU, NIKERTH**|
||**AROOR, PIN – 688 534.**|
|**23**|**MUJAKIR ALI**|
||**AGED 20 YEARS**|
||**DHANEKHPWA, NAGAON, BHOMORAGURI,**|
||**ASSAM – 782 143.**|
|**24**|**SIJU V.K**|
||**AGED 47 YEARS**|
||**NEELAKANDAN THITTAYIL HOUSE, DHANYA ROAD,**|
||**NETTOOR, ERNAKULAM, PIN – 682 040.**|
|**25**|**SANJU BARASKAR**|
||**AGED 33 YEARS**|
||**MAJARWANI, BETUL, BHAINSDEHI,**|
||**MADHYA PRADESH, PIN – 460 220.**|
|**26**|**SATISH PIPARDE**|
||**AGED 34 YEARS**|
||**MAJARWANI, BETUL, BHAINSDEHI,**|
||**MADHYA PRADESH, PIN – 460 220.**|
|**27**|**RANJAN ROY**|
||**AGED 25 YEARS**|
||**MANDIR MOWAMARI, KUNHIMARI,**|
||**NAGAON, ASSAM, PIN – 782 143.**|
|**28**|**SUBAIR,**|
||**AGED 58 YEARS**|
||**MEENKUZHI, NIKARTH, NADUVATH NAGAR P.O,**|
||**AROOKUTTY, ALAPPUZHA, PIN – 688 535.**|
|**29**|**RAMKISHOR BARASKAR**|
||**AGED 32 YEARS**|
||**MAJARWANI, BETUL, BHAINSDEHI,**|
||**MADHYA PRADESH, PIN – 460 220.**|
|**30**|**KIRAN TAMANG**|
||**AGED 30 YEARS**|
||**BANDAPANI TEA GARDEN, BIRPARA,**|
||**JALPAIGURI, WEST BENGAL - 735 204.**|
|**31**|**MANTOO KUMAR PURI**|
||**AGED 26 YEARS**|
||**GUDGUDI, WEST CHAMPARAN,**|
||**BIHAR, PIN – 845 106.**|
|**32**|**JABIR M.**|
||**AGED 37 YEARS**|
||**MUKKAD, VELIYABRA P.O, MATTANNUR,**|
**WP(C) NOS.13067 & 13978 OF 2023**
**9**
||**KANNUR, PIN – 670 702.**|
|---|---|
|**33**|**TAFAJUL HUSSAIN**|
||**AGED 24 YEARS**|
||**MADHABPARA, JURIPAR, NAGAON, KAMPUR,**|
||**ASSAM, PIN – 782 426.**|
|**34**|**SURAJ KUMAR**|
||**AGED 20 YEARS**|
||**KIRHINDI, PO-KIRHINDI, SHEOSAGAR,**|
||**ROHTAS, BIHAR,**|
||**PIN – 821 111.**|
|**35**|**MERAJUL S. K**|
||**AGED 24 YEARS**|
||**NATIAL MASJIDPARA, JALANGI,**|
||**MURSHIDABAD,**|
||**WEST BENGAL, PIN – 742 308.**|
|**36**|**RAHUL MANDAL**|
||**AGED 22 YEARS**|
||**NATIAL MARJIDPARA, JALAGI, MURSHIDABAD,**|
||**WEST BENGAL – 742 308.**|
|**37**|**MOSTAKIN MONDAL**|
||**AGED 28 YEARS**|
||**NATIAL, JALANGI, MURSHIDABAD,**|
||**WEST BENGAL – 742 308.**|
|**38**|**PRASAD THAPA**|
||**AGED 46 YEARS**|
||**BANDAPANI TEA GARDEN, JALPAIGURI,**|
||**BIRPARA, WEST BENGAL, PIN – 735 204.**|
|**39**|**MANOJ THAPA**|
||**AGED 40 YEARS**|
||**BANDAPANI, TEA GARDEN, JALPAIGURI,**|
||**BIRPARA, WEST BENGAL, PIN – 735 204.**|
|**40**|**DARSAN BHUJEL**|
||**AGED 30 YEARS**|
||**UPPER LINE, BANDAPANI, BIRPARA TEA GARDEN,**|
||**JALPAIGURI, WEST BENGAL, PIN – 735 204.**|
|**41**|**PABAN MANGAR**|
||**AGED 34 YEARS**|
||**NEW LINE, JAY BIRPARA, TEA GARDEN,**|
||**JALPAIGURI, WEST BENGAL, PIN – 735 204.**|
|**42**|**ANSAR K.S**|
||**AGED 42 YEARS**|
||**KILIPARABU, NETTOOR P.O, MARADU,**|
||**ERNAKULAM, PIN – 682 040.**|
|**43**|**SAJEER P.K**|
||**AGED 35 YEARS**|
||**POKKALIL CHANDIROOR, EZHUPUNNA,**|
**WP(C) NOS.13067 & 13978 OF 2023**
**10**
||**ALAPPUZHA, PIN – 688 537.**|
|---|---|
|**44**|**ANURAG THAPA**|
||**AGED 21 YEARS**|
||**NEW PAKA LINE, BANDAPANI TEA GARDEN,**|
||**JALPAIGURI, WEST BENGAL, PIN – 735 204.**|
|**45**|**ABDULLA**|
||**AGED 21 YEARS**|
||**UJANMARI, SIMALUGURI, NAGAON, KAMPUR,**|
||**ASSAM, PIN – 782 426.**|
|**46**|**IBRAHIM KUTTY VAYALOATH**|
||**AGED 48 YEARS**|
||**VAYALPATH HOUSE, PAYANGADI, SREEKANDAPURAM,**|
||**KANNUR, PIN – 670 631.**|
|**47**|**MURSHID HOSSAIN MOLLA**|
||**AGED 34 YEARS**|
||**NATUN DIGREE, NABIPUR, MUSHIDABAD,**|
||**WEST BENGAL, PIN – 742 308.**|
|**48**|**ANTONY FRANCIS C.**|
||**AGED 52 YEARS**|
||**CHERUPULLY PARAMBU HOUSE, MARADU,**|
||**NETTOOR P.O, ERNAKULAM,**|
||**PIN – 682 040.**|
|**49**|**MUHAMMED JABIR K. P**|
||**AGED 25 YEARS**|
||**MASJID FLAT, KANNANCHERY P.O,**|
||**KALLAI,**|
||**KOZHIKODE, PIN – 673 002.**|
|**50**|**NITISH KUMAR**|
||**AGED 24 YEARS**|
||**LALI TOLA, AURAHI, MADHEPURA,**|
||**BIHAR – 852 116.**|
|**51**|**TABJUL ALI**|
||**AGED 25 YEARS**|
||**NO.88 HERAMJAR, BARAMA, MADHAPUR,**|
||**L ALAGJAR, BAKSA, ASSAM, PIN – 781 346.**|
|**52**|**UMESH CHOUDHARI**|
||**AGED 50 YEARS**|
||**WARD NO.2, LALI TOLA POST, AURAHI,**|
||**MADHEPURA, BIHAR, PIN – 852 116.**|
|**53**|**BIDHAN DARJEE**|
||**AGED 30 YEARS**|
||**CHHOTO LINE, BIRPARA, JALPAIGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**54**|**A. H. FATHAH MUHAMMED**|
||**AGED 21 YEARS**|
||**KANAVATH HOUSE, KANAVATH ROAD,**|
**WP(C) NOS.13067 & 13978 OF 2023**
**11**
||**VTC NETTOOR S.O., ERNAKULAM - 682 040.**|
|---|---|
|**55**|**KARAN THAPA**|
||**AGED 22 YEARS**|
||**NEW PAKA LINE, BANDAPANI TEA GARDEN,**|
||**JALPAIGURI, WEST BENGAL, PIN – 735 204.**|
|**56**|**MONTU HAZARIKA**|
||**AGED 36 YEARS**|
||**AKAAGELUBA FAON, SILAPATHAR, DHEMAJI,**|
||**ASSAM, PIN – 786 110.**|
|**57**|**BINUD PATAR**|
||**AGED 27 YEARS**|
||**143, JAJARI, NAGAON, ASSAM,**|
||**PIN – 782 142.**|
|**58**|**AJAY THAPA**|
||**AGED 30 YEARS**|
||**BANDAPANI TEA GARDEN BUNDAPANI,**|
||**JALPAIGURI, WEST BENGAL, PIN – 735 204.**|
|**59**|**CHEBANG TAMANG**|
||**AGED 26 YEARS**|
||**TEA GERDEN BANDAPANI, DIANA JALPAIGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**60**|**K.Y. SHIYAS**|
||**AGED 44 YEARS**|
||**KULANGARAPARAMBU, JUBILEE ROAD,**|
||**THAMMANAM S.O., ERNAKULAM, PIN – 682 032.**|
|**61**|**SAFIKUL SEKH**|
||**AGED 35 YEARS**|
||**JANNAGAR, KANAINAGAR, TEHATTA, NAZIRPUR,**|
||**WEST BENGAL, PIN – 741 165.**|
|**62**|**SHANAVAS M.**|
||**AGED 42 YEARS**|
||**K.M. MANZIL, ANATHAMKODE, KALAM,**|
||**THATHAMANGALAM P.O,**|
||**PATTANCHERY,**|
||**CHITTUR, PALAKKAD – 678 101.**|
|**63**|**DHANBAHADUR RAI**|
||**AGED 48 YEARS**|
||**BIRPARA TEA GARDEN, JALPAIGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**64**|**ABDUL MANAF P.P**|
||**AGED 32 YEARS**|
||**PANTHAPILAKKAL HOUSE,**|
||**TRIKKALANGODE P.O,**|
||**MANJERI, MALAPPURAM - 676 127.**|
|**65**|**RAJIV SHARMA**|
||**AGED 36 YEARS**|
**WP(C) NOS.13067 & 13978 OF 2023**
**12**
||**NO.4, SOBHA, NATHPUR, BHAWANIPUR,**|
|---|---|
||**RAJDHAM, BIHAR, PIN – 854 204.**|
|**66**|**SAIDUL ISLAM**|
||**AGED 26 YEARS**|
||**NO.27, BENGENA ATIPATH,**|
||**NEAR MASJID,**|
||**NAGAON, CHOTTAHAIBOR,**|
||**ASSAM, PIN – 782 003.**|
|**67**|**RASIDUL HAQUE**|
||**AGED 24 YEARS**|
||**REKAPAHAR, NAGAON, SALANA,**|
||**ASSAM, PIN – 782 139.**|
|**68**|**AMIR HUSSAIN**|
||**AGED 23 YEARS**|
||**HATIGAON, T E NO.4,**|
||**MISSA, NAGAON,**|
||**KALIABOR, ASSAM, PIN – 782 138.**|
|**69**|**SALIM V.M**|
||**AGED 58 YEARS**|
||**SAJANA MANSIL, VYASAPURAM,**|
||**KUMBALAM,**|
||**ERNAKULAM, PIN – 682 506.**|
|**70**|**AVISEK BISWAKARMA**|
||**AGED 29 YEARS**|
||**BANDAPANI TEA GARDEN, JALPAIGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**71**|**ARJUN LAMA**|
||**AGED 37 YEARS**|
||**WAYBABUSTY, BANDAPANI,**|
||**JALPAIGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**72**|**SUBHASH TAMANG**|
||**AGED 52 YEARS**|
||**NEPALI LANE, BIRPARA, NO.32,**|
||**JALPAIGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**73**|**ASHIB ALI**|
||**AGED 20 YEARS**|
||**NH 38 ROAD, NEAR L.P. SCHOOL,**|
||**SARDAR GAON, NAGAON,**|
||**ASSAM – 782 440.**|
|**74**|**ABDUL LATHEEF**|
||**AGED 35 YEARS**|
||**MADATHIPPARAMBIL HOUSE,**|
||**AMMU SAHIB LANE,**|
||**DESHABHIMANI ROAD,**|
||**KALOOR,**|
**WP(C) NOS.13067 & 13978 OF 2023**
**13**
||**PIN – 682 017.**|
|---|---|
|**75**|**SHIJU K.P**|
||**AGED 36 YEARS**|
||**KUTTIPPALAKKAL HOUSE, VANIYAMKULAM -1,**|
||**PALAKKAD, KERALA, PIN – 679 523.**|
|**76**|**LAMA TILAK**|
||**AGED 46 YEARS**|
||**NEPALI LINE, BIRPARA, NO.2,**|
||**BIRPARA, TEA GARDEN,**|
||**JALPAIGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**77**|**RIYAS HUSSAIN**|
||**AGED 40 YEARS**|
||**AMBALATH HOUSE, NANGARATHU LANE,**|
||**NETTOOR, ERNAKULAM, PIN – 682 040.**|
|**78**|**TIJI**|
||**AGED 47 YEARS**|
||**PUTHUPARAMBIL, RAJAMUDI, APPUTHODE,**|
||**IDUKKI, PIN – 685 604.**|
|**79**|**BIKKI THAPA**|
||**AGED 30 YEARS**|
||**NEW PAKA LINE, BANDAPANI TEA GARDEN,**|
||**JALPAIGURI, WEST BENGAL,**|
||**PIN – 735 204.**|
|**80**|**NAR BAHADUR CHHETRI**|
||**AGED 48 YEARS**|
||**NEPALI LINE, BUNDAPANI,**|
||**MADARIHAT,**|
||**WEST BENGAL, PIN – 735 204.**|
|**81**|**NUMAL RAMCHIYARI**|
||**AGED 31 YEARS**|
||**JANAKALYAN, P. S SILAPATHAR,**|
||**DHEMAJI, ASSAM, PIN – 787 110.**|
|**82**|**OMPRAKASH DHOTE**|
||**AGED 29 YEARS**|
||**GOREGAON AMAL, BETUL,**|
||**MADHYA PRADESH, PIN – 460 225.**|
|**83**|**RAKIBUL ALI**|
||**AGED 30 YEARS**|
||**MOJJID, IANGLCHOOH, KUWARITOL,**|
||**NAGAON, ASSAM, PIN – 782 137.**|
|**84**|**NIRAJ TAMANG**|
||**AGED 27 YEARS**|
||**GUMBA LINE, BUNDAPANI,**|
||**BANDAPANI TEA GARDEN,**|
||**WEST BENGAL, PIN – 735 204.**|
**WP(C) NOS.13067 & 13978 OF 2023**
||**14**|
|---|---|
|**85**|**ASADUL ISLAM**|
||**AGED 38 YEARS**|
||**KHARONI DAPARA, KACHUA,**|
||**NAGAON,**|
||**ASSAM, PIN - 782137**|
|**86**|**A.A. ABDUL GAFOOR**|
||**AGED 53 YEARS**|
||**CALVATHY, FORT KOCHI,**|
||**ERNAKULAM,**|
||**KERALA, PIN – 682 001.**|
|**87**|**ASHNAZ K.A**|
||**AGED 38 YEARS**|
||**ANDIYACHARI ROAD, KAPPALANDIMUKKU,**|
||**MATTANCHERY, ERNAKULAM,**|
||**PIN – 682 002.**|
|**88**|**RANTU DUTTA**|
||**AGED 30 YEARS**|
||**KHEREMA GAON, BORHOLLA,**|
||**GRANT, JORHAT, ASSAM,**|
||**PIN – 785 631.**|
|**89**|**NASIR UDDIN**|
||**AGED 23 YEARS**|
||**DAPRA, BARPANI, LONGIUP, PADUMONI,**|
||**ASSAM, PIN – 782 450.**|
|**90**|**ANOOP THANKAPPAN**|
||**AGED 38 YEARS**|
||**KATTUPARAMPIL, KOLLAMULA,**|
||**PATHANAMTHITTA, KERALA,**|
||**PIN – 686 510.**|
|**91**|**JAFAR ALI K**|
||**AGED 35 YEARS**|
||**MUTHUKUNNI, AYILOOR, PALAKKAD,**|
||**KERALA, PIN – 678 510.**|
|**92**|**IQBAL K.J**|
||**AGED 52 YEARS**|
||**KATTILPARAMBU, VALUMMEL ROAD,**|
||**CONVENT ROAD, THOPPUMPADY,**|
||**ERNAKULAM, PIN – 682 005.**|
|**93**|**NASMUDHEEN P.A**|
||**AGED 35 YEARS**|
||**PUTHUVALPURAYIDATHIL, EDAYAKUNNAM,**|
||**CHITTOOR, ERNAKULAM,**|
||**KERALA, PIN – 682 027.**|
|**94**|**ASHIK LAMA**|
||**AGED 30 YEARS**|
||**NEW LINE, JAYBIRPARA TEA GARDEN,**|
||**JALPAIGURI, WEST BENGAL,**|
**WP(C) NOS.13067 & 13978 OF 2023**
**15**
||**PIN – 735 204.**|
|---|---|
|**95**|**AKIBUR RAHMAN**|
||**AGED 29 YEARS**|
||**L.P. SCHOOL DHANEKHOWA, NAGAON,**|
||**BHOMORAGUR, ASSAM,**|
||**PIN – 782 143.**|
|**96**|**AMRADUL ISLAM**|
||**AGED 25 YEARS**|
||**PUB SALPARA, PUBSALPARA, NAGAON,**|
||**ASSAM, PIN – 782 125.**|
|**97**|**ANAR HUSSAIN**|
||**AGED 37 YEARS**|
||**NO.9, KHERANI, DAPARA, NAGAON,**|
||**ASSAM – 782 428.**|
|**98**|**KUSHAL LAMA**|
||**AGED 28 YEARS**|
||**BANDAPANI, TEA GARDEN, JALPAGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**99**|**ABHINASH TAMANG**|
||**AGED 36 YEARS**|
||**BIRPARA, BUNDAPANI, JALPIGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**100**|**AFROJ ALAM**|
||**AGED 32 YEARS**|
||**KABLESWA, GHOGHA, WEST CHAMPARAN,**|
||**BIHAR, PIN – 845 449.**|
|**101**|**HANIF S.K**|
||**AGED 40 YEARS**|
||**NATIAL, JALANGI MURSHIDABAD,**|
||**WEST BENGAL, PIN – 742 308.**|
|**102**|**SOHEL S.K.**|
||**AGED 22 YEARS**|
||**NATIL, MURSHIDABAD, WEST BENGAL,**|
||**PIN – 742 308.**|
|**103**|**ANISUR ALAM**|
||**AGED 35 YEARS**|
||**NATIAL, JALANGI, MURSHIDABAD,**|
||**WEST BENGAL, PIN – 742 308.**|
|**104**|**TANKESWAR SAIKIA**|
||**AGED 30 YEARS**|
||**NILAKHKUNCH GAON, NO.2 NILAKHKONCH GAON,**|
||**DHEMAJI, ASSAM, PIN – 786 110.**|
|**105**|**DULAL BORA**|
||**AGED 47 YEARS**|
||**NILAKH TARANIPATHAR, P. S SILAPATHAR,**|
||**DHEMAJI, ASSAM, PIN – 787 061.**|
**WP(C) NOS.13067 & 13978 OF 2023**
**16**
|**106**|**NAYAN LALUNG**|
|---|---|
||**AGED 23 YEARS**|
||**SILAPATHAR, NO.2, BAIJANTIPUR,**|
||**DHEMAJI, ASSAM, PIN – 786 110.**|
|**107**|**MONTU PHUKAN**|
||**AGED 24 YEARS**|
||**SRIPANI AHOMGAON, P. S SILAPATHAR,**|
||**ASSAM, PIN – 780 110.**|
|**108**|**NISAMUDEEN M.M**|
||**AGED 43 YEARS**|
||**MULAKKARA HOUSE, NETTOOR,**|
||**ERNAKULAM, PIN – 682 040.**|
|**109**|**AJIJUL HAMID**|
||**AGED 30 YEARS**|
||**LANGICHUK, P. S KALIABOR,**|
||**KOLIABOR, PIN – 782 107.**|
|**110**|**SALIM MUHAMMED**|
||**AGED 47 YEARS**|
||**KANAPARAMBIL, VALIAKANDAM, MULLARIGADU,**|
||**IDUKKI, KERALA, PIN – 685 582.**|
|**111**|**KEROBIN**|
||**AGED 24 YEARS**|
||**KHALKO, JAGLIKUTHI,**|
||**BANDAPANI TEA GARDEN,**|
||**JALPAIGURI, WEST BENGAL,**|
||**PIN – 735 204.**|
|**112**|**GOUR CHANDRA MANDAL**|
||**AGED 44 YEARS**|
||**SADIKHANS DEARH, MURSHIDABAD,**|
||**WEST BENGAL, PIN – 742 303.**|
|**113**|**ANSUR**|
||**AGED 40 YEARS**|
||**DAKSHIN NUNSITOLA, PURBBA HOSEBABAD,**|
||**MOTHABARI, MAIDA, WEST BENGAL,**|
||**PIN – 732 207.**|
|**114**|**MAJIBUR RAHMAN**|
||**AGED 38 YEARS**|
||**TANG GAON, SALANA, ASSAM,**|
||**PIN – 782 139.**|
|**115**|**FAISAL**|
||**AGED 38 YEARS**|
||**POOKODAN HOUSE, PUNNAKKADU,**|
||**KARUVARAKUNDU P.O, MALAPPURAM,**|
||**PIN – 676 523.**|
|**116**|**MUHAMMED NIZAMUDEEN T.N.**|
||**AGED 24 YEARS**|
||**NO.44/1584a, THATTANPARAMBU HOUSE,**|
**WP(C) NOS.13067 & 13978 OF 2023**
**17**
||**KUTHAPPADY, THAMMANAM,**|
|---|---|
||**ERNAKULAM, PIN – 682 030.**|
|**117**|**MAHENDRA PRADHAN**|
||**AGED 43 YEARS**|
||**UTTAR SHALBARI, PURBA DURAMARI,**|
||**JALPAIGURI, WEST BENGAL,**|
||**PIN – 735 233.**|
|**118**|**SUJIT THAPA**|
||**AGED 29 YEARS**|
||**BUNDAPANI TEA GARDEN, JALPAGURI,**|
||**WEST BENGAL, PIN – 735 204.**|
|**119**|**KALU LAMA**|
||**AGED 35 YEARS**|
||**NEW LINE JAY BIRPARA, TEA GARDEN,**|
||**JALPAIGURI, WEST BENGAL,**|
||**PIN – 735 204.**|
|**120**|**SOHEL S.K**|
||**AGED 30 YEARS**|
||**NATUN, NABIPUR MURSHIDABAD,**|
||**WEST BENGAL – 742 308.**|
|**121**|**SIVAN E.C**|
||**AGED 35 YEARS**|
||**EDAPPARA HOUSE, AIMURY P.O,**|
||**VENGOOR WEST, KOOVAPPADY,**|
||**ERNAKULAM, PIN – 683 544.**|
|**122**|**SHAMEER K.,**|
||**AGED 23 YEARS**|
||**KARIMKUNNATH, VANIVILASINI,**|
||**CHUNANGAD P.O, PALAKKAD,**|
||**PIN – 679 511.**|
|**123**|**NAZAR V.M.,**|
||**AGED 51 YEARS**|
||**VALIYAPARAMBIL, PANANGAD,**|
||**KUMBALAM, ERNAKULAM, PIN – 682 056.**|
|**124**|**ANARUL BAITHA**|
||**AGED 24 YEARS**|
||**KABILASWA, GHOGHA P.O,**|
||**WEST CHAMBARAN, BIHAR,**|
||**PIN – 845 449.**|
|**125**|**SANDIP MAHALI**|
||**AGED 35 YEARS**|
||**TEA GARDEN, NO.356 BANARHAT,**|
||**JALPAIGURI, WEST BENGAL,**|
||**PIN – 735 202.**|
||**BY ADVS.**|
||**VINAY KUMAR VARMA**|
**WP(C) NOS.13067 & 13978 OF 2023**
**18**
**S.SHYAM N.K.KARNIS V.K.BALACHANDRAN**
## **RESPONDENTS:**
- **1 ASSISTANT LABOUR OFFICER, ERNAKULAM FIRST CIRCLE, KAKKANAD, KOCHI – 682 030.**
- **2 KERALA HEAD LOAD WORKERS' WELFARE FUND BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRM ROAD, ERNAKULAM, KOCHI, PIN – 682 018.**
- **3 THE ERNAKULAM DISTRICT COMMITTEE OF KERALA HEAD LOAD WORKERS' WELFARE FUND BOARD REPRESENTED BY ITS CHAIRMAN, KUMMANCHERRY BUILDING, T.D. ROAD, ERNAKULAM, KOCHI, PIN – 682 035.**
- **4 KERALA HEAD LOAD WELFARE FUND BOARD, SUB OFFICE THRIPUNITHURA, PLAKUZHY BUILDING, HILLS PALACE ROAD, CHATHARI, THRIPUNITHURA, REPRESENTED BY ITS CHAIRMAN, PIN – 682 301.**
- **5 MARADU MARKET TRADERS ASSOCIATION REG.NO.ER-391/08 REPRESENTED BY ITS PRESIDENT, ROOM NO.A/1, A U W MARKET, NETTOOR P.O, KOCHI, PIN – 682 040.**
- **6 ABDUL WAHAB, PROPRIETOR, A K M FRUITS, ROOM NO.G/C, 23/397, A U W MARKET, NETTOOR P. O, KOCHI, PIN – 682 040.**
- **7 ABDUL NASSAR P.E PROPRIETOR, INDIAN FRUITS, ROOM NO.G/16, 23/344, A U W MARKET, NETTOOR P.O, KOCHI, PIN – 682 040.**
- **8 THOMAS PROPRIETOR, ROOM NO.P4/41-42, 23/364, A U W MARKET, NETTOOR P.O, KOCHI, PIN – 682 040.**
- **9 DISTRICT LABOUR OFFICER**
**WP(C) NOS.13067 & 13978 OF 2023**
**19**
||**KAKKANAD, KOCHI, PIN –**|**KAKKANAD, KOCHI, PIN –**|**KAKKANAD, KOCHI, PIN –**|**682**|**030.**||
|---|---|---|---|---|---|---|
|***ADDL.**|**BIJU K B,**||||||
|**R10**|**POOL LEADER OF POOL NO.10 NETTOOR POOL**||||||
||**S/O. BABU K.S, AGED 32**|||**YEARS,**|||
||**KANNOTH PARAMBU, NETTOOR P. O,**||||||
||**ERNAKULAM – 682 040**||||||
||***ADDL.R10 IS IMPLEADED**|||**AS PER ORDER DATED 24.05.2023**||**IN**|
||**I.A-1/2023**|**IN**|**WP(C) 13978/2023.**||||
|***ADDL.**|**JAISON P J, AGED 48 YEARS**||||||
|**R11**|**S/O. JOHN,**|**PULIKKAL HOUSE,**|||||
||**NEAR MUANANI JUNCTION,**||||||
||**PALA (P.O), KOTTAYAM DISTRICT**||||||
||**PIN – 686 574.**||||||
||***ADDL.R11 IS IMPLEADED**|||**AS PER ORDER DATED10.05.2024 IN**|||
||**I.A-3/2023**|**IN**|**WP(C) 13978/2023.**||||
|***ADDL.**|**THE POOL NO.9**||**( SOUGHT**|**TO BE IMPLEADED )**|||
|**R12**|**HEAD LOAD AND**||**GENERAL WORKERS UNION (CITU), URBAN**||||
||**WHOLESALE MARKET, MARADU MUNICIPALITY, ERNAKULAM**||||||
||**DISTRICT -**|**682304, REPRESENTED BY ITS CONVENER, M.B.**|||||
||**RAJESH KUMAR,**||**AGED 47 YEARS, S/O BHASKARAN, MANDATHARA**||||
||**HOUSE, MARADU**||**P.O., ERNAKULAM DISTRICT ( SOUGHT TO BE**||||
||**IMPLEADED )**||||||
||**BY ADVS.**||||||
||**K.S.ARUN KUMAR**||||||
||**SAJI VARGHESE**||||||
||**C.S.AJITH PRAKASH**||||||
||**T.U.ZIYAD**||||||
||**PRASAD**||||||
||**T.K.DEVARAJAN**||||||
||**ANCY THANKACHAN**||||||
||**NIDHIN RAJ**|**VETTIKKADAN**|||||
||**GOURI KAILASH**||||||
||**K.B.ARUNKUMAR**||||||
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.05.2024, ALONG WITH WP(C).13067/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C) NOS.13067 & 13978 OF 2023**
**20**
## **JUDGMENT**
Since common questions arise for consideration in these writ petitions, they are disposed of by this common judgment. The status of the parties and the documents produced will be as obtaining in W.P.(C) No.13978 of 2023, unless specifically mentioned.
2. The petitioners in these writ petitions are headload workers employed in shops located at Agricultural Urban Wholesale Market, Maradu (for short, 'Wholesale Market'). The Wholesale Market was established pursuant to an agreement entered into by the European Economic Communities (E.E.C) and the Republic of India on 30.03.1989, aimed at establishing agricultural markets in Kerala with grant from E.E.C. The Wholesale Market is administered by Urban Wholesale Market Authority constituted by the Government of Kerala and the District
**21**
**WP(C) NOS.13067 & 13978 OF 2023**
Collector, Ernakulam is the Chairman of the Authority. The stalls in the Wholesale Market were allocated to traders on tender cum auction basis. There are 137 stalls and several traders in the Wholesale Market. The 1[st] respondent, the Assistant Labour Officer, is the registering authority of headload workers under the Kerala Headload Workers Rules, 1981 (for short, ‘the Rules’) and the 9[th] respondent District Labour Officer is the appellate authority. Respondents 2 to 4 are authorities under the Kerala Headload Workers' Welfare Fund Board. The 5[th] respondent is an association of traders and respondents 6 to 8 are traders, in the Wholesale Market. The additional 10[th] respondent is the pool leader of pool No. 10, Nettoor area, Maradu Municipality, who got himself impleaded in the writ petitions.
3. The petitioners state that they are employed as headload workers by the traders in their respective stalls in the Wholesale Market. As per G.O (Rt.) No.1249/2003/LBR
**WP(C) NOS.13067 & 13978 OF 2023**
## **22**
issued under Section 5 of the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002 (since repealed by Kerala Headload Workers (Amendment) Act, 2008), the traders in the market were exempted from the obligation to provide work to unattached registered headload workers. Section 5 of the repealed Act, 2002 provides as follows:-
“5. Employment of workers for non-domestic purposes.- Notwithstanding anything contained in the Kerala Head Load Workers Act, 1978 (Act 20 of 1980) or the schemes made thereunder, an employer shall have the right to carry out loading and unloading work for non-domestic purposes either by himself or by employing the workers of his own choice in any industrial park, export processing zone, industrial or commercial area, tourism project area, agricultural market as the Government may, by notification in the Official Gazette, declare as such from time to time.”
Even after the repeal of the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, the traders in the Wholesale Market continued to employ their attached headload workers. However, demands were
**23**
**WP(C) NOS.13067 & 13978 OF 2023**
later advanced by unattached registered headload workers, known as pool workers, for employment in the business of traders in the Wholesale Market. This led to litigations at the instance of the 5[th] respondent Association and the trade unions of pool workers employed by the Kerala Headload Workers Welfare Fund Board. In the said circumstances, the petitioners decided to get themselves registered as headload workers under Rule 26A of the Rules. Accordingly, they submitted individual applications for registration in Form IX to the 1[st] respondent. Exts. P1 to P125 in W.P.(C) No.13978 of 2023 and Exts. P1 to P31 in W.P.(C) No.13067 of 2023 are the copies of the Form IX applications.
4. Non-consideration of Exts. P1 to P125 applications for registration constrained the petitioners in W.P.(C) No.13978 of 2023 to file W.P.(C) No.37246 of 2022 before this Court for direction to the 1[st] respondent to consider and pass orders on the applications expeditiously and to permit them to work till
**WP(C) NOS.13067 & 13978 OF 2023**
**24**
the applications are considered. This Court, by Ext. P126 judgment, directed the 1[st] respondent to dispose of the applications for registration within a period of one month from the date of receipt of copy of the said judgment after affording an opportunity of hearing to the petitioners and all other affected parties, in accordance with law.
5. Aggrieved by Ext. P126 to the extent it declined the prayer to direct respondents 2 to 4 to refrain from deputing headload workers in the Wholesale Market until the matter of registration applied for in Exts. P1 to P125 is attained finality, the petitioners preferred Writ Appeal No.1942 of 2022 and the Division Bench disposed of the Appeal by Ext. P127 judgment observing that pending disposal of the applications, _status quo_ ought to be maintained in the matter of headload work carried on by the petitioners in the market. This Court directed that pending such registration, the petitioners should be permitted to be employed or engaged
**WP(C) NOS.13067 & 13978 OF 2023**
**25**
to do headload work under the employer.
6. The 1[st] respondent, by Ext. P128 and similar orders, dismissed Exts. P1 to P125 applications of the petitioners in W.P.(C) No.13978 of 2023. Exts. P1 to P31 applications of the petitioners in W.P.(C) No.13067 of 2023 were also rejected by Ext. P32 produced in the said writ petition and similar orders. The reasons for rejecting the applications of the petitioners for registration are: (i) the area where the Wholesale Market is situated is an area where the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 is implemented (ii) as per the directions of this Court in the judgment in W.P.(C) No.18450 of 2015 (Ext. P128(a)), pool workers are to be engaged for loading and unloading works.
7. The petitioners challenged Ext. P128 and similar orders before the 9[th] respondent, the appellate authority by filing separate appeals under Rule 26C of the Rules. Ext.
**WP(C) NOS.13067 & 13978 OF 2023**
**26**
P129 is the appeal preferred by the petitioners 1 to 4 in W.P(C) No.13978 of 2023 and Ext. P33 in W.P.(C)No.13067 of 2023 is the appeal preferred by the 2[nd] petitioner therein. The other petitioners also filed similar appeals. However, the request of the petitioners for stay of operation of Exts. P128, P32 and similar orders during the pendency of the appeal was not considered by the 9[th] respondent. Accordingly, the petitioners in W.P.(C) No.13978 of 2023 filed W.P.(C) No.1694 of 2023 for direction to grant _status quo_ as on the date of the primary authority's orders. The said writ petition was dismissed by judgment dated 16.01.2023 and the petitioners preferred Writ Appeal No. 357 of 2023 which was disposed of by Ext. P131 judgment directing the 9[th] respondent to dispose of Ext. P129 and similar appeals within one month. Before the appellate authority, the pool leader of pool No.10, the 10[th] respondent, got himself impleaded.
8. The 9[th] respondent rejected Ext. P129 and similar
**WP(C) NOS.13067 & 13978 OF 2023**
**27**
appeals filed by the petitioners in W.P.(C) No.13978 of 2023 by Exts. P132 to P180 orders dated 05.04.2023. Exts. P34 to P53 are the orders passed by the 9[th] respondent rejecting Ext. P33 and similar appeals preferred by the petitioners in W.P(C) No.13067 of 2023. The appeals were rejected for the reason that, in the light of Ext. P128(a) judgment which has become final, the loading and unloading work in the market has to be done by engaging pool workers. It is further stated that as the for the per application registration, establishments were engaging loading and unloading workers only from 01.07.2022 and therefore it has to be inferred that the loading and unloading works in the establishments before the said date were done by pool workers. To rebut the said inference, the employer has not produced any records which the employer is liable to maintain as per the directions in **Raghavan v. Superintendent of Police** [1998 (2) KLT 732]. It is also
**WP(C) NOS.13067 & 13978 OF 2023**
**28**
stated that the registering authority need consider only whether the petitioners are attached workers and whether they are permitted to do the work by the employer. It is for the employers to prove that the employees were working from July, 2022 and that they are continuing in employment. They have not produced any statutory records which they are liable to maintain under the provisions of the Kerala Shops and Commercial Establishments Act, 1960 or the Minimum Wages Act, 1948. The appellate authority has further stated that as per the decision in **Raghavan** (supra), even if the petitioners are permanent employees in the establishment and they are doing works other than loading and unloading, they are entitled for registration only if it is proved that their main job is the work of loading and unloading. It is stated that the petitioners or the employers have not produced any proof for the same. The appellate authority also observed that, from the Form IX application and the wage-cum
**WP(C) NOS.13067 & 13978 OF 2023**
**29**
employment register produced by the employer, it is seen that the signatures of the applicants differ and it is not proved that the applicants themselves are the petitioners before the authority and that it has to be inferred that the records and registers have been prepared and produced only for the purpose of obtaining registration. Accordingly, the appellate authority refused to interfere with the order of the registering authority rejecting the application of the petitioners for registration.
9. W.P.(C) No.13978 of 2023 is filed challenging Exts. P132 to P180 and W.P.(C) No.13067 of 2023 is filed challenging Exts. P34 to P53 orders. The petitioners have also prayed for direction to the 1[st] respondent to allow their applications under Rule 26A of the Rules and to restrain respondents 2 to 4 from disturbing their work as attached headload workers of their employers in the market.
10. The orders of the registering authority as well as
**30**
**WP(C) NOS.13067 & 13978 OF 2023**
the appellate authority are challenged before this Court on the ground that the said authorities ought not to have relied on Ext. P128(a) judgment to reject the application of the petitioners for registration. According to the petitioners, Ext. P128(a) judgment was passed in a case filed by the 5[th] respondent, namely, Maradu Market Traders Association, for police protection against pool workers from disturbing their right to employ attached headload workers on the ground that they have exemption from the obligation to provide work to unattached registered headload workers under the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, even after its repeal. The petitioners were not parties to the said case and therefore, the judgment is not binding on them and their application ought to have been decided on its merits. It is also contended that Rule 26A of the Rules provides for issuance of notice to the employers or contractors from whom the headload
**WP(C) NOS.13067 & 13978 OF 2023**
**31**
worker claims work and the Chairman of the Kerala Headload Workers Welfare Board Local Committee. However, the registering authority permitted the pool leader to participate in the enquiry contrary to the provisions under Rule 26A (2). Referring to the decision in **Kerala Head Load Workers Welfare Board, Sub office** _**v**_ **. Nishad M.P and Others** [2022 (5) KHC 367: 2022 (5) KLT 188: ILR 2022 (3) Ker. 688], it is contended that unattached pool workers have no right to object to the grant of registration under Rule 26A to a worker who is attached to an establishment. It is further contended that under Rule 26C, the appellate authority was bound to hear only the appellants and their employers. However, the appellate authority permitted the pool workers to participate in the appeal proceedings. It is further contended that the finding of the appellate authority that the pool workers were not working in the market from 01.07.2022 is contrary to facts available on record as during
**WP(C) NOS.13067 & 13978 OF 2023**
## **32**
the said period the petitioners were continuing on the strength of interim order in W.A.No.1942 of 2022. It is also contended that the finding of the appellate authority regarding violation of the provisions of the Kerala Shops and Commercial Establishments Act cannot be sustained since the same was not raised at the time of enquiry and therefore cannot be considered in the appeal and that the finding of the appellate authority with respect to variation of the signatures of the applicants in the application and the registers is incorrect and is based only on inferences. Accordingly, it is contended that the orders of the registering authority under Rule 26A and that of the appellate authority under Rule 26C cannot be sustained and the 1[st] respondent be directed to issue identity cards to the petitioners.
11. The pool leader of Pool No.10, who got himself impleaded as additional 10[th] respondent in the writ petitions, has filed a counter affidavit. It is stated therein that the writ
**WP(C) NOS.13067 & 13978 OF 2023**
**33**
petitioners are migrant workers who were never employed by the traders in the Wholesale Market. They were supplied by labour supply contractors. It is stated that in view of Ext. P128 (a) judgment, the pool workers have right of employment in the market. It is also stated that the applications for identity cards are not genuine and the date of employment shown in the applications is fake and fabricated and their local addressees are not furnished and no records are maintained by the employer under Rule 27 of the Rules. The petitioners have been engaged for the works inside the shops and not for loading and unloading works. It is further contended that the judgment in **Nishad's** case has been rendered without reference to the Full Bench decision in **Raghavan's** case (supra) and that the 10[th] respondent has every right of being heard in the proceedings before the registering authority as well as the appellate authority. The findings of the registering authority and the appellate
**WP(C) NOS.13067 & 13978 OF 2023**
**34**
authority are not contradictory as alleged. The finding of the appellate authority that there is violation of the provisions of the Shops and Commercial Establishments Act is correct and that the signatures in the applications are fake as found by the appellate authority.
12. A counter affidavit is also filed on behalf of respondents 2 to 4 wherein it is stated that the Maradu Wholesale Market is situated in the Scheme notified area as per the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983. It is stated that as per Ext. P128 (a) judgment, the pool workers are entitled to be engaged for loading and unloading works and pursuant to the said judgment, the pool workers are doing the work of loading and unloading in the market. It is further stated that pursuant to Ext. R2(a) judgment, the functional operation of the Scheme has been extended to the market and the Board has deployed pool workers in the market. It is stated that
**WP(C) NOS.13067 & 13978 OF 2023**
**35**
only pool workers are eligible to do the work of loading and unloading in the market area, which is a Scheme covered area from 16.12.2022. Though an agreement has been entered with the traders and the workers as per Ext. R2(b) regarding the wages, the same is not being followed by the traders. The Board has issued notice to the employers to register their establishments under Clause 7 of the Kerala Headload Workers Scheme and to remit the wages in advance with the Board as per Ext. R2(c). However, the same is also not complied with by the traders. Since the petitioners have not been issued with identity cards, they cannot do the work of loading and unloading. The interim order granted by this Court in W.A.No.1942 of 2022 cannot extent beyond the disposal of Rule 26C appeals. It is further stated that 173 pool workers are available in pool Nos. 9 and 10 doing their work with approved rate of wages and they can completely satisfy the requirements of the traders in the market.
**WP(C) NOS.13067 & 13978 OF 2023**
**36**
13. Heard Sri.N.Sukumaran, the learned counsel for the petitioners, Sri.C.S Ajith Prakash, the learned counsel for the 10[th] respondent and Sri.K.S Arunkumar, the learned counsel for respondents 2 to 4.
14. The registering authority as well as the appellate authority has relied on Ext. P128(a) judgment of the Division Bench of this Court to reject the applications of the petitioners for registration. According to the petitioners, Ext. P128(a) judgment was passed in a writ petition filed by the 5[th] respondent, the Maradu Market Traders' Association for police protection against pool workers from disturbing their right to employ attached headload workers on the ground that they have exemption from engaging unattached registered headload workers in the light of notification issued under the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002 (since repealed). It is also contended that the petitioners
**WP(C) NOS.13067 & 13978 OF 2023**
**37**
herein, who have applied for registration, were not parties to the said writ petition and therefore the judgment is not binding on them and their application ought to have been decided on its merits.
15. W.P.(C) No.18450 of 2015 leading to Ext. P128(a) judgment was filed by Maradu Market Traders' Association, the 5[th] respondent herein whose members are traders having their business within the Wholesale Market. As per G.O (Rt.) No.1249/2003/LBR issued under Section 5 of the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002, the traders in the Wholesale Market were exempted from the obligation to provide work to unattached registered headload workers. However, the said Act under which the notification for exemption was issued was repealed by the Kerala Headload Workers (Amendment) Act, 2008. The Traders' Association contended that notwithstanding such repeal, the notification
**38**
**WP(C) NOS.13067 & 13978 OF 2023**
for exemption would continue to have application and force and the pool workers have no right to claim loading and unloading work from the businesses within the exempted market. Accordingly, the Traders' Association sought for police protection for the businesses carried out by the individual members of the Association. The Division Bench, by Ext. P128(a) judgment, held that the exemption from the obligation to provide work to unattached headload workers applies only when the notification is in force as issued under a statute. When the statute is repealed, the very foundation of the exemption is demolished and the exemption can no longer subsist. Accordingly, the Court held that no police protection can be granted to the Association or the businesses carried out by the individual members. The Division Bench also observed that, for loading and unloading, the Traders' Association would have to engage the pool workers (unattached headload workers).
## **WP(C) NOS.13067 & 13978 OF 2023**
## **39**
16. In Ext. P128(a) judgment, the Division Bench observed that the notification granting exemption to traders in the Wholesale Market from the obligation to provide work to unattached registered headload workers cannot survive after repeal of the Act under which the notification was issued. The said judgment has become final. This Court in Ext. R2(a) judgment observed that the Division Bench in Ext. P128 (a) judgment did not consider who is entitled to carry out the work inside the market after the benefit of exemption to traders ceased to operate and held that it is for the Committee to extend the functional operation of the Scheme to the market. Be that as it may, the fact remains that the Division Bench in Ext. P128 (a) judgment held that for loading and unloading, the members of the Association would have to engage the pool workers (unattached headload workers). Does this imply that applications for the registration of permanent employees of an establishment in a
**40**
**WP(C) NOS.13067 & 13978 OF 2023**
scheme covered area shall not be considered? The present writ petitions arise from the rejection of applications for registration of the petitioners who claim to be headload workers employed by traders in the Wholesale Market. It is not in dispute that the Wholesale Market is an establishment as defined under Section 2 (j) of the Kerala Headload Workers Act, 1978 and the Schedule thereto, and situated in the scheme notified area as per the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983. The Full Bench of this Court in **Raghavan** (supra) considered the question whether permanent workers in an establishment in a scheme covered area can get registration as per the provisions contained in Rule 26A. The Full Bench observed as follows:
“18. The above provisions would make it clear that the registration contemplated by the Scheme is not applicable to permanent headload workers employed in an establishment
**WP(C) NOS.13067 & 13978 OF 2023**
**41**
either directly by the employer or through a contractor. But, that does not mean that such permanent workers cannot get registered as per the provisions contained under R.26A. As mentioned earlier, the Act and the Rules are made applicable for the whole of the State and the requirement of registration under R.26A is effective throughout the State whether it is an area to which the Scheme is made applicable or not. Therefore, all headload workers whether permanently employed in an establishment or not are to get registration under R.26A.”
## xxx
20. If, in an area where the Scheme is made applicable, the employer requires services of headload workers other than those whom he had permanently employed, he has necessarily to get them allotted through the committee...”
Going by the dictum laid down by the Full Bench, permanent employees of an establishment can apply for and obtain registration as headload workers even in areas covered by
## **WP(C) NOS.13067 & 13978 OF 2023**
## **42**
the scheme.
17. The Division Bench in Ext. P128(a) judgment held that for loading and unloading in the scheme covered Wholesale Market, the members of the Association would have to engage the pool workers. That doesn’t imply that applications of permanent employees of the Wholesale Market for registration as headload workers cannot be considered. Permanent employees of scheme covered Wholesale Market can apply for and obtain registration as headload workers and on obtaining registration, they can do the work of loading and unloading and the employer will not be under obligation to engage pool workers, unless he requires services of additional headload workers other than the registered permanent employees. The applications of the petitioners for registration as headload workers as well as appeals thereof cannot be rejected under the pretense of Ext. P128(a) judgment; instead, they are to be considered on their
**WP(C) NOS.13067 & 13978 OF 2023**
**43**
merits. Further, in the light of the dictum laid down in **Raghavan** (supra), the mere fact that the Wholesale Market is situated in a scheme covered area does not constitute a ground to reject the applications of the petitioners for registration or the appeals.
19. Another reason for rejecting the appeals by the 9[th] respondent is that the employers have not produced registers and records which have to be maintained under the Kerala Shops and Commercial Establishments Act and the Minimum Wages Act to prove that the petitioners were actually engaged for doing headload work in their establishments and the headload works done by them are of predominant nature. This Court, in **Nishad** (supra), has held that the enquiry contemplated under Rule 26A of the Rules for granting registration is essentially a fact finding exercise to ensure that the applicant for registration is actually doing headload work in the establishment concerned. The evidence in that
**WP(C) NOS.13067 & 13978 OF 2023**
**44**
regard must be found in the records maintained by the employer as mandated in Section 26 of the Kerala Headload Workers Act read with the Rules. When an application for registration is preferred by an attached worker, the enquiry by the registering authority must only be to ascertain whether the applicant is actually engaged for doing headload work in the establishment to which he is attached and if so, whether the headload work done by him is of predominant nature. The information in that regard can be gathered from the registers maintained by the employer in terms of Section 26 of the Act read with the Rules as also through a physical inspection at the premises of the establishment concerned. Hence, when this Court has defined the nature and scope of the enquiry and the evidence necessary, it was improper for the appellate authority to exceed the scope of enquiry and . dismiss the appeals
## 20. Disparity in the signatures of the applicants in the
**WP(C) NOS.13067 & 13978 OF 2023**
**45**
application and in the register and records is a matter for evidence before the registering authority. The registering authority is an independent statutory authority exercising quasi judicial functions. The powers of the appellate authority are only to examine the legality of the order passed by the registering authority after making such enquiries as he may deem fit. Therefore, so far as the requirements for registration are not complied with, the appellate authority ought to have remanded the matter for fresh consideration by the registering authority.
21. The last contention to be dealt with is whether the pool workers have any right to object to the grant of registration to the petitioners under Rule 26A of the Rules and whether under Rule 26C, the appellate authority was bound to hear the pool workers. Rule 26A deals with registration of headload workers and reads as follows:
**"26A. Registration of Headload Workers** .-- (1) Any
**WP(C) NOS.13067 & 13978 OF 2023**
**46**
headload worker may submit his application for registration in Form IX to the Registering Authority concerned, with as many additional copies as there are employers or contractors from whom he claims to work.
(2) On receipt of such application the Registering Authority shall issue notice in Form X to the employers or contractors from whom the headload worker claims work and in area where the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 is in operation, to the Chairman, Kerala Headload Workers Welfare Board Local Committee in such area with copy of the application inviting objections, if any, on such application.
(3) After considering the objections, if any, received and after giving an opportunity of being heard, the Registering Authority shall register the name of the headload worker in the Register of Headload Workers, on being satisfied that the headload worker is eligible for registration and communicate the fact to the parties within two weeks of such registration. The Registering Authority shall also issue identity card to the registered headload worker. If the name is not registered, the Registering Authority shall communicate the fact to the applicant with reasons therefor.
(3A) Where the Identity Card of registration granted to a headload worker under sub-rule (3) is defaced or accidentally lost or irrecoverably destroyed, he shall apply for a duplicate identity card along with two copies of recent photograph and
**WP(C) NOS.13067 & 13978 OF 2023**
**47**
a fine of Rs.25(Rupees twenty - five only) to the Registering authority concerned. The Registering Authority may after making necessary enquiries and satisfying himself of the genuineness, issue a duplicate identity card.
(4) The Registration of a person as headload worker may be cancelled by the Deputy Labour Officer of the District Labour Office concerned or where there is no post of Deputy Labour Officer in that District Labour Office, by the Assistant Labour Officer grade I after satisfying himself on a report from Registering Authority that the Registration has been obtained by fraud or mistake:
Provided that not less than one month's previous notice in writing specifying the ground on which the registration is proposed to be cancelled shall be given by the authority empowered to cancel the registation to the headload worker, before the registration is cancelled.”
Sub-rule (2) of Rule 26A provides that on receipt of an application for registration as headload worker, the registering authority shall issue notice in Form X to the employers or contractors from whom the headload worker claims work, and if Scheme applies, to the Chairman, Kerala
**48**
**WP(C) NOS.13067 & 13978 OF 2023**
Headload Workers Welfare Board Local Committee in such area. The registering authority shall, after considering the objections, if any, received and after giving an opportunity of being heard, register the name of the headload worker in the Register of Headload Workers and communicate the fact to the parties. The Rule does not provide for notice or a hearing for any persons other than those mentioned in Sub-rule (2). In **Nishad** (supra), the Division Bench held that the registering authority cannot reject an application for registration on the ground that existing pool workers have raised objections to granting of such registrations. Unattached pool workers have no right to object to the grant of registration under Rule 26A to a worker who is attached to an establishment. Their objections can only be raised at a time when an attached worker, who gets registered in terms of Rule 26A relinquishes his employment or engagement with the establishment to which he was attached, and seeks to join
**WP(C) NOS.13067 & 13978 OF 2023**
**49**
the scheme in the area concerned, as a registered but unattached worker. Therefore, the pool workers have no right to participate in the proceedings before the registering authority.
22. Rule 26C of the Kerala Headload Workers Rules deals with Appeals and reads as follows:
Appeals: (1) Any person aggrieved by an order of the Registering Authority under sub-rules (3) or (4] of Rule 26A may file an appeal within 60 days from the date of receipt of such order before an officer not below the rank of District Labour Officer notified by Government as Appellate Authority in this behalf:
Provided that the Appellate Authority may admit an appeal filed after the expiry of the said period if he is satisfied that the appellant has sufficient cause for not filing the appeal within the said period: Provided further that no such appeal shall be admitted after a period of six months from the date of the order of the Registering Authority appealed against.
**WP(C) NOS.13067 & 13978 OF 2023**
**50**
(2) On receipt of an appeal, the appellate authority may make such enquiries as he deems fit and after giving the employer if any and headload worker an opportunity of being heard and decide the appeal within a period of 30 days from the date of receipt of the appeal. The decision of the appellate authority shall be final.
Rule 26C provides that only a person aggrieved by an order of the registering authority under sub-rule (3) or (4) of Rule 26A is entitled to prefer an appeal. Sub-rule (2) of Rule 26C provides that on receipt of an appeal, the appellate authority shall give the employer if any, and the headload worker an opportunity of being heard and decide the appeal. The pool workers will not come within the category of persons aggrieved referred to in Rule 26C. Therefore, they have no right to be heard in the appeal as well.
23. Sri. Ajith Prakash would contend that the decision in **Nishad** (supra) was rendered without properly appreciating or referring to the decision in **Raghavan** (supra). The
**WP(C) NOS.13067 & 13978 OF 2023**
**51**
Division Bench in **Nishad** (supra) analysed the scheme of the Kerala Headload Workers Act and Rules and drew the following conclusions:
“a. The definition of headload worker under S.2(m) of the Act makes a distinction between an attached worker and an unattached worker. While the former is a person who is employed or engaged by an employer, either directly or through a contractor, to work in a particular establishment, the latter is a person who is not engaged to work in any particular establishment.
b. The attached worker, at the time of his employment or engagement need not be registered in terms of R.26A. It is sufficient that he is engaged for the purpose of doing headload work in the establishment. This is so even if the establishment is located in a scheme covered area because the 1983 Scheme does not apply to an attached worker. The unattached worker, however, has to be a registered headload worker in view of the specific provisions of S.9A of the Act.
c. An attached worker must do headload work in the particular establishment to which he is attached, before seeking registration as a headload worker in terms of R.26A of the Rules. The enquiry contemplated under R.26A for granting registration is essentially a factfinding exercise to ensure that the applicant for registration is actually doing
**WP(C) NOS.13067 & 13978 OF 2023**
**52**
headload work in the establishment concerned. The evidence in that regard must be found in the records maintained by the employer as mandated in S.26 of the Act read with the Rules.
d. An unattached worker must first get himself attached to an establishment and do headload work therein. Only thereafter can he seek registration as a headload worker in terms of R.26A. The Act and Rules do not permit a person who is not attached to any establishment to apply for registration as a headload worker without first demonstrating his capacity to do headload work in an establishment.
e. While the above statutory scheme is apparent from a reading of the statutory provisions, it cannot be seen as one violating the fundamental rights of any person under Art.19 (1) (g) of the Constitution since Art.19 (6) makes the right subject to reasonable restrictions that can be imposed in the interests of the general public. A restriction in a welfare legislation that is intended to safeguard the health of a worker has to be seen as in the interests of the general public.
f. In the light of our findings as above, we do not approve of the view taken in Rajeev (Supra) or Manzoor (Supra) that even an unattached worker can apply for registration under Rule 26A without doing any headload work, so long as he has a good physique and is willing to do such work. The view in
**WP(C) NOS.13067 & 13978 OF 2023**
**53**
Rajeev (Supra), that was followed in Manzoor (Supra), was taken without noticing the distinction between attached and unattached workers in the definition of a headload worker, as also the fact that the pre-requisite of being a registered head load worker, for being allowed or required to work in a scheme covered area, applied only to a ‘headload worker who is not permanently employed by an employer or contractor’ ie. an unattached worker. The said decisions do not lay down the correct law in this regard and hence we overrule the said decisions on the above point.
g. An attached worker, on the other hand, does not have to be registered as a headload worker for doing headload work. He can be employed or engaged to do such work in the establishment of his employer and thereafter seek registration in terms of Rule 26A once he starts doing headload work in that establishment. Further, so long as he is in the employment or engagement of an employer and attached to the latter’s establishment, he will not come under the coverage of the 1983 Scheme either. Clause 6 of the Scheme will therefore not be attracted in his case, to prevent him from working in a scheme covered area.
h. When an application for registration is preferred by an attached worker, the enquiry by the registering authority must only be to ascertain whether the applicant is actually engaged in doing headload work in the establishment to which he is attached and if so, whether the headload work
**WP(C) NOS.13067 & 13978 OF 2023**
**54**
done by him is of predominant nature. The information in that regard can be gathered from the registers maintained by the employed in terms of Section 26 of the Act read with the Rules as also through a physical inspection at the premises of the establishment concerned. The registering authority cannot reject an application for registration on the ground that existing pool workers have raised objections to granting of such registrations. Unattached pool workers have no right to object to the grant of registration under Rule 26A to a worker who is attached to an establishment. It has been so held by a Division Bench of this Court in Gangadharan (Supra). Their objections can only be raised at a time when an attached worker, who gets registered in terms of Rule 26A relinquishes his employment or engagement with the establishment to which he was attached, and then seeks to join the scheme in the area concerned, as a registered but unattached worker.”
In **Nishad** (supra), the Division Bench held that before seeking registration as headload worker in terms of Rule 26A of the Rules, the attached worker should do headload work in the establishment. It was also held that the attached worker, at the time of his employment need not be registered in
**WP(C) NOS.13067 & 13978 OF 2023**
**55**
terms of Rule 26A, but it will be sufficient if he is engaged for the purpose of doing headload work in the establishment. For the purpose of analysing the different modes by which a headload worker can be called upon to do headload work and the nature of enquiry by the registering authority, the Division Bench in **Nishad** relied on the decision in **Raghavan** , particularly paragraph 24, wherein the Full Bench deduced and laid down the dictum therein. Therefore, I do not agree with the contention of Sri. Ajith that the decision in **Nishad** was rendered by the Division Bench without taking note of and referring to the decision in **Raghavan.**
In the result, Ext.P128 and similar orders of the 1[st] respondent and Exts. P132 to P180 orders of the 9[th] respondent in W.P.(C) No.13978 of 2023 and Ext. P32 and similar orders of the 1[st] respondent and Exts. P34 to P53 orders of the 9[th] respondent in W.P.(C) No.13067 of 2023 are
**WP(C) NOS.13067 & 13978 OF 2023**
**56**
set aside. The writ petitions are disposed of directing the 1[st] respondent registering authority to consider Exts. P1 to P125 applications in W.P.(C) No.13978 of 2023 and Exts. P1 to P31 applications in W.P.(C) No.13067 of 2023 afresh and in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of the judgment. It is made clear that pool workers or their leaders have no right to be heard in the proceedings before the 1[st] respondent.
**Sd/-**
**MURALI PURUSHOTHAMAN JUDGE**
SPR
**WP(C) NOS.13067 & 13978 OF 2023**
**57**
## **APPENDIX OF WP(C) 13067/2023**
## **PETITIONERS EXHIBITS:**
|**EXHIBIT P1**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
|---|---|
||**SUBMITTED BY THE PETITIONER NO.1 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P2**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.2 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P3**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.3 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P4**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.4 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P5**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.5 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P6**|**TRUE COPY OF APPLICATION DATED 07.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.6 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P7**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.7 BEFORE THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P8**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.8 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P9**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.9 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P10**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.10 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P11**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.11 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P12**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.12 BEFORE THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P13**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.13 BEFORE THE 1ST**|
**WP(C) NOS.13067 & 13978 OF 2023**
**58**
## **RESPONDENT.**
||**RESPONDENT.**|
|---|---|
|**EXHIBIT P14**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.14 BEFORE THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P15**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.15 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P16**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.16 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P17**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.17 BEFORE THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P18**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.18 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P19**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.19 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P20**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.20 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P21**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.21 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P22**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.22 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P23**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.116 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P24**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.24 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P25**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.116 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P26**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.116 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P27**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.116 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P28**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.28 BEFORE THE 1ST**|
||**RESPONDENT.**|
## **WP(C) NOS.13067 & 13978 OF 2023**
## **59**
|**EXHIBIT P29**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
|---|---|
||**SUBMITTED BY THE PETITIONER NO.116 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P30**|**TRUE COPY OF APPLICATION DATED 7.11.2022**|
||**SUBMITTED BY THE PETITIONER NO.30 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P31**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.116 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P32**|**TRUE COPY OF ORDER DATED 22.12.2022 DISMISSING**|
||**EXT.P2 FILED BY THE 2ND PETITIONER.**|
|**EXHIBIT P32(a)**|**TRUE COPY OF JUDGMENT DATED 1.08.2019 IN W.P.(C)**|
||**18450 OF 2015 RELIED ON IN EXT.P32.**|
|**EXHIBIT P33**|**TRUE COPY OF APPEAL FILED BY THE 2ND PETITIONER**|
||**DATED 11.01.2023 BEFORE THE 9TH RESPONDENT**|
|**EXHIBIT P34**|**TRUE COPY OF ORDER IN APPEAL NO.237/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
|**EXHIBIT P35**|**TRUE COPY OF ORDER IN APPEAL NO.191/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
|**EXHIBITP 36**|**TRUE COPY OF ORDER IN APPEAL NO.189/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
|**EXHIBIT P37**|**TRUE COPY OF ORDER IN APPEAL NO.220/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT**|
|**EXHIBIT P38**|**TRUE COPY OF ORDER IN APPEAL NO.198/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT**|
|**EXHIBIT P39**|**TRUE COPY OF ORDER IN APPEAL NO.196/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT**|
|**EXHIBIT P40**|**TRUE COPY OF ORDER IN APPEAL NO.178/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
|**EXHIBIT P41**|**TRUE COPY OF ORDER IN APPEAL NO.177/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
|**EXHIBIT P42**|**TRUE COPY OF ORDER IN APPEAL NO.208/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
|**EXHIBIT P43**|**TRUE COPY OF ORDER IN APPEAL NO.184/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
|**EXHIBIT P44**|**TRUE COPY OF ORDER IN APPEAL NO.233/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT**|
|**EXHIBIT P45**|**TRUE COPY OF ORDER IN APPEAL NO.208/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT..**|
|**EXHIBIT P46**|**TRUE COPY OF ORDER IN APPEAL NO.192/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
|**EXHIBIT P47**|**TRUE COPY OF ORDER IN APPEAL NO.203/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT**|
|**EXHIBIT P48**|**TRUE COPY OF ORDER IN APPEAL NO.231/2023 DATED**|
||**5.4.2023 PASSED BY THE 9TH RESPONDENT.**|
**WP(C) NOS.13067 & 13978 OF 2023**
**60**
**EXHIBIT P49 TRUE COPY OF ORDER IN APPEAL NO.224/2023 DATED 5.4.2023 PASSED BY THE 9TH RESPONDENT. EXHIBIT P50 TRUE COPY OF ORDER IN APPEAL NO.182/2023 DATED 5.4.2023 PASSED BY THE 9TH RESPONDENT. EXHIBIT P51 TRUE COPY OF ORDER IN APPEAL NO.205/2023 DATED 5.4.2023 PASSED BY THE 9TH RESPONDENT. EXHIBIT P52 TRUE COPY OF ORDER IN APPEAL NO.216/2023 DATED 5.4.2023 PASSED BY THE 9TH RESPONDENT. EXHIBIT P53 TRUE COPY OF ORDER IN APPEAL NO.193/2023 DATED 5.4.2023 PASSED BY THE 9TH RESPONDENT.**
## **RESPONDENTS EXHIBITS:**
**EXHIBIT R1(a) TRUE COPY OF JUDGEMENT DATED 22.11.2022 IN WPC NO. 37341 OF 2022. EXHIBIT R1(b) TRUE COPY OF JUDGEMENT DATED 08.03.2023 IN WPC NO. 3116 OF 2023. EXHIBIT R11(a) TRUE COPY OF THE MEMORANDUM OF SETTLEMENT SIGNED ON 27/05/2023 IN BETWEEN THE 5TH RESPONDENT AND THE POOL WORKERS IN THE PRESENCE OF THE 3RD AND 9TH RESPONDENT. EXHIBIT R10(a) A TRUE COPY OF THE LETTER ISSUED BY THE MARKET AUTHORITY DATED 23.05.2023 TO THE POOL LEADER, POOL NO 10. EXHIBIT R10(b) A TRUE COPY OF THE NOTICE ISSUED BY BOARD TO THE ESTABLISHMENT NAMELY ASP VEGETABLES REQUIRING TO REGISTER THE NAME DATED 06.02.2023 WITH ITS TYPED COPY. EXHIBIT R10(c) A TRUE COPY OF THE INTERIM ORDER IN WA 896/2023 DATED 13.06.2023. EXHIBIT R10(d) A TRUE COPY OF THE WRIT APPEAL MEMORANDUM IN W.A NO. 357 OF 2023 WITHOUT ITS EXHIBITS AND ANNEXURE FILED BEFORE THIS HON'BLE COURT.**
**WP(C) NOS.13067 & 13978 OF 2023**
**61**
## **APPENDIX OF WP(C) 13978/2023**
## **PETITIONERS EXHIBITS:**
|**EXHIBIT P1**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
|---|---|
||**SUBMITTED BY THE PETITIONER NO.1 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P2**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.2 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P3**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.3 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P4**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.4 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P5**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.5 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P6**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.6 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P7**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.7 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P8**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.8 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P9**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.9 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P10**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.10 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P11**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.11 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P12**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.12 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P13**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.13 BEFORE THE 1ST**|
**WP(C) NOS.13067 & 13978 OF 2023**
**62**
||**RESPONDENT.**|
|---|---|
|**EXHIBIT P14**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.14 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P15**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.15 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P16**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.16 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P17**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.17 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P18**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.18 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P19**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.19 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P20**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.20 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P21**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.21 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P22**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.22 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P23**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.23 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P24**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.24 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P25**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.25 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P26**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.26 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P27**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.27 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P28**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.28 BEFORE THE 1ST**|
||**RESPONDENT.**|
**63**
## **WP(C) NOS.13067 & 13978 OF 2023**
|**EXHIBIT P29**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
|---|---|
||**SUBMITTED BY THE PETITIONER NO.29 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P30**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.30 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P31**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.31 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P32**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.32 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P33**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.33 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P34**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.34 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P35**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.35 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P36**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.36 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P37**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.37 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P38**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.38 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P39**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.39 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P40**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.40 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P41**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.41 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P42**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.42 BEFORE THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P43**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.43 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P44**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
**WP(C) NOS.13067 & 13978 OF 2023**
**64**
||**SUBMITTED BY THE PETITIONER NO.44 BEFORE THE 1ST**|
|---|---|
||**RESPONDENT.**|
|**EXHIBIT P45**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.45 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P46**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.46 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P47**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.47 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P48**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.48 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P49**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.49 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P50**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.50 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P51**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.51 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P52**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.52 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P53**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.53 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P54**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.54 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P55**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.55 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P56**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.56 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P57**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.57 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P58**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.58 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P59**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.59 BEFORE THE 1ST**|
**WP(C) NOS.13067 & 13978 OF 2023**
**65**
||**RESPONDENT.**|
|---|---|
|**EXHIBIT P60**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.60 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P61**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.61 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P62**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.62 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P63**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.63 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P64**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.64 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P65**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.65 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P66**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.66 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P67**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.67 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P68**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.68 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P69**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.69 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P70**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.70 BEFORE THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P71**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.71 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P72**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.72 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P73**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.73 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P74**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.74 BEFORE THE 1ST**|
||**RESPONDENT.**|
**WP(C) NOS.13067 & 13978 OF 2023**
## **66**
|**EXHIBIT P75**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
|---|---|
||**SUBMITTED BY THE PETITIONER NO.75 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P76**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.76 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P77**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.77 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P78**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.78 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P79**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.79 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P80**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.80 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P81**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.81 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P82**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.82 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P83**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.83 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P84**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.84 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P85**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.85 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P86**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.86 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P87**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.87 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P88**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.88 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P89**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.89 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P90**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
**WP(C) NOS.13067 & 13978 OF 2023**
**67**
||**SUBMITTED BY THE PETITIONER NO.90 BEFORE THE 1ST**|
|---|---|
||**RESPONDENT.**|
|**EXHIBIT P91**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.91 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P92**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.92 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P93**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.93 BEFORE THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P94**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.94 BEFORE THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P95**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.95 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P96**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.96 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P97**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.97 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P98**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.98 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P99**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.99 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P100**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.100 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P101**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.101 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P102**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.102 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P103**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.103 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P104**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.104 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P105**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.105 BEFORE THE**|
## **WP(C) NOS.13067 & 13978 OF 2023**
## **68**
||**1ST RESPONDENT.**|
|---|---|
|**EXHIBIT P106**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.106 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P107**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.107 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P108**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.108 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P109**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.109 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P110**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.110 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P111**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.111 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P112**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.112 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P113**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.113 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P114**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.114 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P115**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.115 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P116**|**TRUE COPY OF APPLICATION DATED 21.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.116 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P117**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.117 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P118**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.118 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P119**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.119 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P120**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.120 BEFORE THE**|
||**1ST RESPONDENT.**|
## **WP(C) NOS.13067 & 13978 OF 2023**
## **69**
|**EXHIBIT P121**|**TRUE COPY OF APPLICATION DATED 24.10.2022**|
|---|---|
||**SUBMITTED BY THE PETITIONER NO.121 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P122**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.122 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P123**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.123 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P124**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.124 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P125**|**TRUE COPY OF APPLICATION DATED 22.10.2022**|
||**SUBMITTED BY THE PETITIONER NO.125 BEFORE THE**|
||**1ST RESPONDENT.**|
|**EXHIBIT P126**|**TRUE COPY OF JUDGMENT DATED 06.12.2022 IN W.P.**|
||**(C).NO.37246 OF 2022 OF THIS HON'BLE COURT.**|
|**EXHIBIT P127**|**TRUE COPY OF JUDGMENT DATED 20.12.2022 IN**|
||**W.A.NO.1942 OF 2022 OF THIS HON'BLE COURT.**|
|**EXHIBIT P128**|**TRUE COPY OF ORDER DATED 22.12.2022 DISMISSING**|
||**EXT.P1 FILED BY THE 1ST PETITIONER.**|
|**EXHIBIT P128(a)**|**TRUE COPY OF JUDGMENT DATED 01.08.2019 IN W.P.C**|
||**18450 OF 2015.**|
|**EXHIBIT P129**|**TRUE COPY OF APPEAL FILED BY THE 1ST PETITIONER**|
||**DATED 11.01.2023 AGAINST EXTS.P128 BEFORE THE**|
||**9TH RESPONDENT.**|
|**EXHIBIT P130**|**TRUE COPY OF JUDGMENT DATED 06.12.2022 IN W.P.**|
||**(C).NO.1694 OF 2022 OF THIS HON'BLE COURT**|
|**EXHIBIT P131**|**TRUE COPY OF JUDGMENT DATED 8.3.2023 IN WA**|
||**NO.357 OF 2023 OF THIS HON'BLE COURT.**|
|**EXHIBIT P132**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.190/2023.**|
|**EXHIBIT P133**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.228/2023.**|
|**EXHIBIT P134**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.225/2023.**|
|**EXHIBIT P135**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.186/2023.**|
|**EXHIBIT P136**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.214/2023.**|
|**EXHIBIT P137**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.218/2023.**|
|**EXHIBIT P138**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.188/2023.**|
|**EXHIBIT P139**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
**WP(C) NOS.13067 & 13978 OF 2023**
**70**
||**RESPONDENT IN APPEAL NO.202/2023**|
|---|---|
|**EXHIBIT P140**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.237/2023.**|
|**EXHIBIT P141**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.210/2023**|
|**EXHIBIT P142**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.187/2023.**|
|**EXHIBIT P143**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.215/2023.**|
|**EXHIBIT P144**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.194/2023.**|
|**EXHIBIT P145**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.220/2023.**|
|**EXHIBIT P146**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.207/2023.**|
|**EXHIBIT P147**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.234/2023.**|
|**EXHIBIT P148**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.222/2023.**|
|**EXHIBIT P149**|**: TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.181/2023**|
|**EXHIBIT P150**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.219/2023.**|
|**EXHIBIT P151**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.180/2023.**|
|**EXHIBITP152**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.179/2023.**|
|**EXHIBITP153**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.176/2023.**|
|**EXHIBIT P154**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.185/2023.**|
|**EXHIBIT P155**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.197/2023.**|
|**EXHIBIT P156**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.201/2023**|
|**EXHIBIT P157**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.204/2023.**|
|**EXHIBIT P158**|**: TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.193/2023.**|
|**EXHIBIT P159**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.229/2023.**|
|**EXHIBIT P160**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.213/2023.**|
|**EXHIBIT P161**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
**WP(C) NOS.13067 & 13978 OF 2023**
**71**
||**RESPONDENT IN APPEAL NO.217/2023**|
|---|---|
|**EXHIBIT P162**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.209/2023.**|
|**EXHIBIT P163**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.226/2023.**|
|**EXHIBIT P164**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.227/2023.**|
|**EXHIBIT P165**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.235/2023.**|
|**EXHIBIT P166**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.232/2023.**|
|**EXHIBIT P167**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.223/2023.**|
|**EXHIBIT P168**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.230/2023.**|
|**EXHIBIT P169**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.183/2023.**|
|**EXHIBIT P170**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.221/2023.**|
|**EXHIBIT P171**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.175/2023.**|
|**EXHIBIT P172**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.200/2023.**|
|**EXHIBIT P173**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.206/2023.**|
|**EXHIBIT P174**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.236/2023.**|
|**EXHIBIT P175**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.189/2023.**|
|**EXHIBITP 176**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.212/2023.**|
|**EXHIBITP 177**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.177/2023.**|
|**EXHIBIT P178**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.195/2023**|
|**EXHIBIT P179**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.199/2023**|
|**EXHIBIT P180**|**TRUE COPY OF ORDER DATED 5.4.2023 OF THE 9TH**|
||**RESPONDENT IN APPEAL NO.211/2023.**|
## **- RESPONDENTS EXHIBITS:**
**EXHIBIT R1(a)**
**TRUE COPY OF JUDGEMENT DATED 22.11.2022 IN WPC NO. 37341 OF 2022 OF THIS HON'BLE COURT.**
**WP(C) NOS.13067 & 13978 OF 2023**
**72**
|**EXHIBIT R1(b)**|**TRUE COPY OF JUDGEMENT DATED 08.03.2023 IN WPC**|
|---|---|
||**NO. 3116 OF 2023 OF THIS HON'BLE COURT.**|
|**EXHIBIT R2(a)**|**A TRUE COPY OF THE JUDGMENT IN WP(C) NO:23725,**|
||**24177 AND 25887 OF 2019 DATED 04/11/2019.**|
|**EXHIBIT R2(b)**|**A TRUE COPY OF THE MEMORANDUM OF SETTLEMENT**|
||**SIGNED ON BETWEEN THE 5TH RESPONDENT AND THE**|
||**POOL WORKERS ON 27/05/2023.**|
|**EXHIBIT R2(c)**|**A TRUE COPY OF NOTICE SENT ON 3-6-23.**|
|**EXHIBIT R10(a)**|**A TRUE COPY OF THE LETTER ISSUED BY THE MARKET**|
||**AUTHORITY DATED 23.05.2023 TO THE POOL LEADER,**|
||**POOL NO 10.**|
|**EXHIBIT R10(b)**|**A TRUE COPY OF THE NOTICE ISSUED BY BOARD TO THE**|
||**ESTABLISHMENT NAMELY ASP VEGETABLES REQUIRING TO**|
||**REGISTER THE NAME DATED 06.02.2023 WITH ITS**|
||**TYPED COPY.**|
|**EXHIBIT R10(c)**|**A TRUE COPY OF THE INTERIM ORDER IN WA 896/2023**|
||**DATED 13.06.2023.**|
|**EXHIBIT R10(d)**|**A TRUE COPY OF THE WRIT APPEAL MEMORANDUM IN W.A**|
||**NO. 357 OF 2023 WITHOUT ITS EXHIBITS AND**|
||**ANNEXURE FILED BEFORE THIS HON'BLE COURT.**|
|**EXHIBIT R11(a)**|**THE TRUE COPY OF THE REGISTRATION CERTIFICATE**|
||**NO. SHO70220030402 DATED 19.08.2019 ISSUED BY**|
||**THE ALO, 126TH RESPONDENT.**|
|**EXHIBIT R11(b)**|**5. THE TRUE COPY OF THE APPLICATIONS SUBMITTED**|
||**BY RESPONDENT NO. 81 HEREIN BEFORE THE ALO,**|
||**126TH RESPONDENT.**|
|**EXHIBIT R11(c)**|**THE TRUE COPY OF THE APPLICATIONS SUBMITTED BY**|
||**RESPONDENT NO.104 HEREIN BEFORE THE ALO, 126TH**|
||**RESPONDENT DT.22.10.2022.**|
|**EXHIBIT R11(d)**|**THE TRUE COPY OF THE APPLICATIONS SUBMITTED BY**|
||**RESPONDENT NO.105 HEREIN BEFORE THE ALO, 126TH**|
||**RESPONDENT DT.22.10.2022.**|
|**EXHIBIT R11(e)**|**THE TRUE COPY OF THE APPLICATIONS SUBMITTED BY**|
||**RESPONDENT NO.106 HEREIN BEFORE THE ALO, 126TH**|
||**RESPONDENT DT.22.10.2022.**|
|**EXHIBIT R11(f)**|**THE TRUE COPY OF THE APPLICATIONS SUBMITTED BY**|
||**RESPONDENT NO.107 HEREIN BEFORE THE ALO, 126TH**|
||**RESPONDENT DT.22.10.2022.**|
|**EXHIBIT R11(g)**|**THE TRUE COPY OF THE SALARY CERTIFICATE ISSUED**|
||**TO THE RESPONDENT NO. 81, 104 TO 107 HEREIN**|
||**/WRIT PETITONERS NO. 81, 104 TO 107.**|
|**EXHIBIT R11(h)**|**THE TRUE COPY OF THE ATTENDANCE REGISTER**|
||**MAINTAINED BY ME EVIDENCING THE ENGAGEMENT OF**|
||**THE RESPONDENT NO. 81, 104 TO 107 HEREIN /WRIT**|
||**PETITIONERS NO. 81, 104 TO 107.**|
## **WP(C) NOS.13067 & 13978 OF 2023**
**73**
|**EXHIBIT R11(i)**|**THE TRUE COPY OF THE EMPLOYMENT CERTIFICATE**|
|---|---|
||**DATED 23.02.2023 ISSUED BY ME EVIDENCING THE**|
||**ENGAGEMENT OF THE RESPONDENTS RESPONDENT NO. 81,**|
||**104 TO 107 HEREIN /WRIT PETITIONERS NO. 81, 104**|
||**TO 107.**|
|**EXHIBIT R12(a)**|**TRUE COPY OF THE LETTER NO. C3/293/12 ISSUED BY**|
||**THE 3RD RESPONDENT, DATED 30/09/2019**|
|**EXHIBIT R12(b)**|**TRUE COPY OF THE MINUTES DATED 27/05/2023.**|