IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 6126 of 2008(D) ------------------------------------- PETITIONER: ------------------- P.J. RAPHAEL, PALLIPATTUPARAMBIL, EWS 747, GANDHI NAGAR,KOCHI-20. BY ADV. SRI.P.RAMAKRISHNAN. RESPONDENTS: ----------------------- 1. THE KERALA HEADLOAD WORKERS FUND BOARD, LOCAL COMMITTEE, ERNAKULAM, REPRESENTED BY ITS CHAIRMAN. 2. THE CHAIRMAN, THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, LOCAL COMMITTEE, ERNAKULAM. BY ADV. SRI. RENIL ANTO, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6126/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DISCHARGE SUMMARY ISSUED BY AIMS. EXT.P.2: COPY OF THE NOTICE DTD. 12/07/05 ISSUED BY THE R.2. EXT.P.3: COPY OF THE REPLY DTD. 29/07/05 SUBMITTED BY THE PETITIONER. EXT.P.4: COPY OF THE MEDICAL CERTIFICATE DTD. 29/07/05. EXT.P.5: COPY OF THE ORDER DTD. 19/05/07 ISSUED BY THE R.2. EXT.P.6: COPY OF THE APPEAL DTD. 04/06/07 FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.7: COPY OF THE MEDICAL CERTIFICATE DTD. 02/06/07 EXT.P.8: COPY OF THE ORDER DTD. 20/06/07 PASSED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 6126 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 JUDGMENT Ext.P5 order passed by the 1st respondent removing the petitioner, a head load worker of Pool No.26, from the rolls maintained with the 1st respondent was challenged in a statutory appeal before the 2nd respondent. The appeal was dismissed as per Ext.P8 order and Exts.P5 & P8 are challenged in this Writ Petition. 2. It is not disputed that the petitioner was not heard before Ext.P8 order is passed. I heard the learned counsel for the petitioner and the learned Government Pleader also. In the result, the Writ Petition is allowed in part. Ext.P8 is set aside. The 2nd respondent shall pass fresh orders on Ext.P6 appeal after hearing the petitioner. This shall be done within six weeks from the date of receipt of a copy of this judgment. (V. GIRI, JUDGE) ttb