IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 27750 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. BUILDERS ASSOCIATION OF INDIA COCHIN CENTRE, BUILDERS CHAMBER, GANDHI NAGAR KOCHI 682 020,REPRESENTED BY ITS CHAIRMAN B.CHANDRAMOHAN. * ADDL. PETITIONER NO.2 2. P.K.RAMACHANDRAN, S/O.N.KUNJU PANICKER, ENGINEERING CONTRACTOR, DEEPA MANDIR, KARUVELIPADY, KOCHI - 682 005. IMPLEADED AS PER ORDER DTD.29.10.2009 IN I.A NO.12442/2009 BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM. 2. KERALA HEADLOAD WELFARE FUND BOARD S.R.M ROAD, ERNAKULAM,KOCHI-18, REPRESENTED BY ITS CHIEF EXECUTIVE. BY GOVT. PLEADER SRI.ANITHA RAVINDRAN ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27750 of 2009(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THIRD RECONSTITUTION NOTIFICATION DTD.3.6.1999 EXT.P2 : COPY OF MEMORANDUM OF SETTLEMNET 2008-2010 EXT.P3: COPY OF RELEVANT EXTRACT OF THE NOTIFICATION DTD.27.7.2009 EXT.P4: COPY OF THE REPRESENTATION DTD.20.7.2007 EXT.P5: COPY OF THE REPRESENTATION DTD.24.8.2009 EXT.P6: COPY OF REGISTRATION CERTIFICATE DTD.11.1.1983 EXT.P7: COPY OF THE MEMORANDUM OF SETTLEMENT FOR 2010-2012 EXT.P8: COPY OF THE INFORMATION FURNISHED FROM RIGHT TO INFORMATION ACT ON 5.5.2011 EXT.P9: COPY OF THE INFORMATION FURNISHED FROM RIGHT TO INFORMATION ACT ON 9.6.2011 EXT.P10: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab P.N.RAVINDRAN, J ------------------------------------------------- W.P(C) No.27750 of 2009 -------------------------------------------------- Dated this the 28th day of October, 2011 J U D G M E N T The first petitioner is an All India Association of Builders, which has 403 branches and 40000 members consisting of contractors, manufacturers and dealers etc. The second petitioner is an engineering contractor and a member of the first petitioner association. This writ petition was filed on 1.10.2009 aggrieved by the under representation of building contractors in the various district level committees constituted under sub section (1) of section 18 of the Kerala Head Load Workers Act, 1978. The petitioners contend that the lions share of contribution to the welfare fund is contributed by its members and therefore, more number of persons from the Builders Association of India should have been nominated as members of the various district level committees. 2. When the writ petition came up for hearing today Sri.K.Jaju Babu, the learned counsel for the petitioners submitted that the term for which the previous committee was constituted is about to expire, that a new committee is to be constituted for the period 2011-2013 and that in view of passage of time, the writ petition may be disposed of with a direction to the State Government to consider the request made by the petitioner Association in Ext.P10 representation in the light of the facts set out therein and in Exts.P8 and P9 before a new committee is constituted. The learned Government Pleader appearing for the State of Kerala and Sri.Koshy George, the learned standing appearing for the Kerala Head Load Workers Welfare Fund Board did not oppose the said request. In such circumstances, I dispose of the writ petition with a direction to the State Government to consider Ext.P10 representation in the light of Exts.P8 and P9, while constituting various district level committees in terms of sub section (1) of section 18 of the Kerala Head Load Workers Act, 1978 for the period 2011-2013. Sd/- P.N.RAVINDRAN JUDGE //True Copy// P.A to Judge ab