IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 17658 of 2008(B) ------------------------------------ PETITIONER: ------------------- P.SHEELA, AGED 46 YEARS, W/O.D.SHAJI, PROPRIETRIX, SREE RAG WOOD INDUSTRIES, KERALAPURAM, PERUMPUZHA P.O., KOLLAM. BY ADV. SRI.K.S.MOHAMED HASHIM RESPONDENTS: ----------------------- 1. THE DISTRICT LABOUR OFFICER, KOLLAM. 2. THE ASSISTANT LABOUR OFFICER, KUNDARA, KOLLAM. 3. SYAMKUMAR.S., KALA BHAVAN, KUZHIYAM, CHANDANATHOPPU P.O., KOLLAM. 4. PADMA KUMAR.M., PADMAJA BHAVANAM, KUZHIYAM, CHANDANATHOPPU P.O., KOLLAM. 5. KERALAPURAM HEAD LOAD WORKERS UNION REPRESENTED BY ITS SECRETARY, KERALAPURAM, PERUMPUZHA P.O., KOLLAM. 6. RATNAKUMAR, KERALAPURAM HEAD LOAD WORKERS UNION KERALAPURAM, PERUMPUZHA P.O., KOLLAM. 7. M.NIZAMUDDIN, KERALAPURAM HEAD LOAD WORKERS UNION KERALAPURAM, PERUMPUZHA P.O., KOLLAM. 8. ALIYARKUNJU, KERALAPURAM HEAD LOAD WORKERS UNION KERALAPURAM, PERUMPUZHA P.O., KOLLAM. 9. ANIL KUMAR, KERALAPURAM HEAD LOAD WORKERS UNION KERALAPURAM, PERUMPUZHA P.O., KOLLAM. 10. BABU, KERALAPURAM HEAD LOAD WORKERS UNION KERALAPURAM, PERUMPUZHA P.O., KOLLAM. 11. SHAJAHAN, KERALAPURAM HEAD LOAD WORKERS UNION KERALAPURAM, PERUMPUZHA P.O., KOLLAM. 12. SAJI, KERALAPURAM HEAD LOAD WORKERS UNION KERALAPURAM, PERUMPUZHA P.O., KOLLAM. BY ADV. SRI.H.B.SHENOY FOR R3 & 4 SRI.B.ASHOK SHENOY FOR R3 & 4 SMT.LAKSHMI B.SHENOY FOR R3 & 4 SRI.ABU MATHEW FOR R3 & 4 SRI.SOBHAN GEORGE FOR R3 & 4 SRI.THOMAS P.MAKIL FOR R3 & 4 SRI.V.CHITAMBARESH (SR.) FOR R9 SRI.T.C.SURESH MENON FOR R9 SRI.JIBU P THOMAS FOR R9 SRI.P.S.APPU FOR R9 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, ALONG WITH WP(C) NO. 16542 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17658 of 2008(B) -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 - TRUE COPYOF MUSTER ROLL FOR THE PERIOD FROM DECEMBER 2007 TOMAY 2008 MAINTAINED BY PETITIONER. EXT.P2 - TRUE COPYOF REGISTER OF WAGES FOR THE PERIOD FROM 1.12.2007 TO 29.2.2008 MAINTAINED BY PETITIONER. EXT.P3 - TRUE COPY OF FIR DATED 1.7.2008 IN CRIME NO.96/08 OF KUNDARA POLICE STATION. EXT.P4 - TRUE COPY OF ORDER DATED 13.2.2008 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 38217 OF 2007. EXT.P5 - TRUE COPY OF NOTICE NO. IR(2) 1622/08 DATED 14.5.2008 ISSUED TO PETITIONER BY 1ST RESPONDENT. EXT.P6 - TRUE COPY OF REPRESENTATION DATED 19.5.2008 SUBMITTED BY PETITIONER TO 1ST RESPONDENT. EXT.P7 - TRUE COPY OF MEDICAL CERTIFICATE DATED 21.5.2008 ISSUED BY KUMAR HOSPITAL, KOLLAM TO PETITIONER AND PRODUCED BY PETITIONER BEFORE 1ST RESPONDENT. EXT.P8 - TRUE COPY OF ORDER NO. IR(2)1622/08 DATED 20.5.2008 PASSED BY 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.16542 of 2008 and W.P(C) No. 17658 of 2008 ================== Dated this the 22nd day of July, 2008. J U D G M E N T In these two writ petitions, the petitioners are challenging orders passed by the Original and Appellate Authorities under the Kerala Head Load workers Act, cancelling the registration granted to them under Rule 26A of the Kerala Head Load workers Rules. The 8th respondent has filed a counter affidavit stating that the registration itself was bad because as per the amended Rule 26A, before passing orders under Rule 26A, the Chairman of the Kerala Head Load Workers Welfare Fund Local Committee had to be issued with a notice, which had not been done in their case. 2. I have heard both parties. 3. It is not disputed before me now that as per the amended Rule before passing orders under Rule 26A, the Chairman of the Head Load Workers Welfare Fund Local W.P(C)No.16542 of 2008 and W.P(C) No. 17658 of 2008 - 2 - Committee is also liable to be heard in the matter and that he was not so heard in this case. Therefore, the original and appellate orders in these two cases are quashed and the concerned Assistant Labour Officer is directed to re- consider the question of registration of the petitioners under Rule 26A afresh after complying with the procedure prescribed in Rule 26A. This exercise shall be completed within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs