IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 9076 of 2006(E) ------------------------------------ PETITIONERS: --------------------- 1. N.SREEKUMARAN NAIR, S/O.NEELAKANDA PILLAI, AGED 49 YEARS, CHIRAKONATH VEEDU, MAZHAVANKODE, KATTAKKADA P.O.,KATTAKADA. 2. L.ANIL KUMAR, S/O.LAKSHMANAN NADAR, AGED 32 YEARS, ANIL BHAVAN, CHAMBAKATHUMMOODU, MUNIYAVILA, KATTAKADA. BY ADV. SRI.B.N.SHIVSANKAR RESPONDENTS: ----------------------- 1. THE CHAIRMAN, THE KERALA HEAD LOAD WORKERS WELFARE BOARD, THIRUVANANTHAPURAM DISTRICT COMMITTEE, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE, KERALA HEAD LOAD WORKERS BOARD, ERNAKULAM. 3. THE CONVENOR, KERALA HEAD LOAD WORKERS WELFARE BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.R.SATHISH KUMAR, SC, KHLWWB SRI.RENIL ANTO KANDAMKULATHY,SC,KHLWWB - R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, ALONG WITH PC NO. 11059 OF 2006 , WPC NO. 12350 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) Nos.9076, 11059 & 12350 of 2006 ======================= Dated this the 28th day of March, 2008 JUDGMENT Dispute in these three writ petitions is as to whether appointments of certain additional headload workers in the Kattakada pool in the Trivandrum district was made in accordance with the Kerala Headload Workers Act and Rules and the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme. There were originally 44 workers in the pool. 5 of them surrendered their registration on account of ill- health. As a result, 5 vacancies of head load workers in the pool had to be filled up in their place. Subsequently, in the 503rd committee meeting dated 16-3-2006 of the Kerala Headload Workers Welfare Board, Trivandrum, it was decided to increase the number of workers of Kattakada pool by 5. Trivandrum district committee made two sets of recommendations, one set consisting of M/s. Sibi, Basil, Jayakumaran Nair, Jayakumar and Yesudas and another set consisting of M/s. Vincent, Roby, W.P.(C) Nos.9076/2006 & c.c. -2- Sudhakaran, Surendran and Sasi. The petitioners in all these writ petitions are existing workers in the pool. In W.P.(C) Nos.9076 of 2006 and 12350 of 2006, the petitioners are challenging the validity of appointment of M/s. Vincent, Roby, Sudhakaran, Surendran and Sasi. In W.P.(C) No.12350/2006, the appointment of the other set of 5 workers is under challenge. In W.P.(C) No.11059/2006, the appointment of all the 10 persons are under challenge. The petitioners in these 3 writ petitions allege that the appointment is not inaccordance with the provisions of the Act and Rules and Scheme. I am of the opinion that these are disputed questions of fact, which cannot be decided on the basis of affidavits alone. Therefore, it is only appropriate that a higher authority decides the matter, after considering the entire facts and perusing all registers and documents. I am of the opinion that the Chairman of the Kerala Headload Workers Welfare Board District Committee, Trivandrum would be the appropriate person to decide the matter. Accordingly, I dispose of these three writ petitions with the following directions: The 2nd respondent in W.P.(C) No.12350/2006 shall W.P.(C) Nos.9076/2006 & c.c. -3- conduct an enquiry to ascertain the validity of the appointments of the above 10 workers. On the basis of materials collected by him in the enquiry, he shall conduct a hearing affording an opportunity of being heard to the petitioners in these writ petitions as well as the said 10 workers putting them on notice on the materials so collected and pass appropriate orders in accordance with law, within two months from the date of receipt of a copy of this judgment. If the 2nd respondent finds that the appointment of any of the workers is without complying with provisions of the Act, Rules and the Scheme or if any of them is found to be ineligible to be so appointed, proper steps shall be taken to cancel their registration under the Scheme. S.SIRI JAGAN, JUDGE jp