IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 6602 of 2011(A) ------------------------- PETITIONER(S): --------------- KONDOTTY MATSYA MARKET COMMISSION AGENCIES, EKOPANA SAMITHI, MELANGADI PO, KONDOTTY, MALAPPURAM DISTRICT, REP.BY THE PRESIDENT MOOSA,S/O.BEERAN HAJI. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM, PIN 676 505. 2. THE DISTRICT LABOUR OFFICER, MALAPPURAM,PIN 676 505. 3. THE CHAIRMAN,KERALA HEAD LOAD WORKERS WELFARE BOARD, MANJERI LOCAL COMMITTEE, KONDOTTY SUB OFFICE, JANATHA SHOPPING BAZAR,KONDOTTY, MALAPPURAM, PIN 673 638. 4. THE CHAIRMAN.KERALA HEAD LOAD WORKERS WELFARE BOARD,MALAPPURAM DISTRICT COMMITTEE, VALLANCHIRA TRADE CENTRE,NEAR BYE PASS JUNCTION, NILAMBUR ROAD, MANJERI,PIN 676 121. ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR R3&4 SENIOR GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.6602 OF 2011 -------------------------------- Dated this the 17th day of March 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents 1 and 2 to award compensation for the loss sustained by the petitioner association. ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents 1 and 2 to consider and pass orders on Exts. P5, P6 and P7 representations without any further delay. Iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. The 4th respondent has filed a statement pointing out that the reliefs sought for are rather on misconceived facts and law and the Writ Petition is not liable to be entertained, adding that the petitioner, if at all aggrieved, the remedy is elsewhere. Reference is also made to the definition of the term 'dispute' under Section 2(h) of the Kerala Head Load Workers Act, the course to be pursued as prescribed under Section 21 of the Act and also as to the availability of the alternative remedy. 3. The learned counsel for the petitioner submits that Ext.P7 representation for the redressal of the grievance was originally filed before the District Collector, first respondent, which however has been forwarded to the W.P.(C) No. 6602/2011 - 2 - District Labour Officer (the second respondent) and that, the same is pending consideration before him. 4. Considering the facts and circumstances, the second respondent is directed to consider Ext.P7, if the same has already been forwarded by the first respondent and is pending, and pass appropriate order in accordance with law, after giving an opportunity of hearing to the petitioner and the others concerned, including the Board, which shall be done as expeditiously as possible, at any rate within 'two months' from the date of receipt of a copy of this judgment. 5. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the second respondent for taking further steps. Writ Petition is disposed of. Vdv P.R.RAMACHANDRA MENON, JUDGE