IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 34637 of 2010(D) ----------------------------------------- PETITIONER(S): ------------------------- FRANCIS J., PROPRIETOR, V.J.MARBLE PALACE, V.P.IX/1409, VELLARADA, RESIDING AT CHRIST BHAVAN, VALANVILA, VELLARADA P.O. BY ADV. SRI.LIJU.V.STEPHEN RESPONDENT(S): ---------------------------- THE ASSISTANT LABOUR OFFICER, LABOUR OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121. *ADDL.R2 TO R6 IMPLEADED: R2. JOSE.L., NADARKONAM, VELLARADA PO, NEYYATTINKARA, THIRUVANANTHAPURAM. R3. JOHNY.R., KALLUMUTOOKANI, KIZHEKKEKKARA, PUTHEN VEEDU, MANNAM KONAM PO,NEYYATTINKARA, THIRUVANANTHAPURAM. R4. SHAIJU, SHAIJU BHAVAN, CHAYAMPOKA, MANNAM, KONAM PO, NEYYATTINKARA, THIRUVANANTHAPURAM. R5. SHIBU P.S., SHIBU BHAVAN, VEELACHI MAMOOD, KALLIMOOD, MANNAM KONAM PO, NEYYATTINKARA, THIRUVANANTHAPURAM. R6. THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, TRIVANDRUM, REPRESENTED BY ITS CHAIRMAN. (*ADDL.R2 TO R6 ARE IMPLEADED AS PER ORDER DTD. 16/02/2011 IN I.A.NO.2558/2011) R1 BY GOVERNMENT PLEADER SMT. R. BINDU ADDL.R6 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.34637 of 2010 ------------------------------- Dated this the 16th day of February, 2011 J U D G M E N T The petitioner is the Proprietor of an establishment wherein he has engaged four workers to do loading and unloading work. The petitioner's grievance is that though the said four workers have submitted the originals of Exts.P6 to P9 applications for registration under rule 26A of the Kerala Headload Workers Rules, 1981 till date, orders have not been passed by the respondent. In this writ petition, the petitioner seeks a direction to the respondent to pass orders on Exts.P6 to P9 applications within a time limit to be fixed by this Court. 2. Under rule 26A of the Kerala Headload Workers Rules, the registering authority has to issue notice to the employer or the contractor from whom the Headload Worker claims work and in an area where the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 is in operation, to the Chairman of the District Committee of the Kerala Headload Workers Welfare Board with a copy of the application, inviting objections, if any, on such application. 3. Sri.Koshy George, the learned standing counsel W.P.(C) No.34637 of 2010 2 appearing for the Kerala Headload Workers Welfare Board, to whom a copy of this writ petition was served pursuant to the direction of this Court submitted that though the petitioner's establishment is situate in an area notified under the scheme, the local committee or pool of workers are not in existence and that may be the reason why the respondent has not passed orders on the applications. The pleadings disclose that Exts.P6 to P9 applications are pending for the past nearly one year. Though a time limit is not fixed in the rules for considering the applications, I am of the opinion that having regard to the facts and circumstances stated above, the respondent should take an expeditious decision in the matter. I accordingly dispose of the writ petition with a direction to the respondent to issue notice along with copies of Exts.P6 to P9 applications to the Chairman of the Thiruvananthapuram District Committee of the Kerala Headload Workers Welfare Board within one week from the date on which the petitioner produces a copy of this judgment calling for his objections, if any, in the matter, and giving two weeks time from the date of receipt of notice to file objections. The respondent shall on the expiry of the said period consider the objections, if any received by him and pass orders on Exts.P6 to P9 W.P.(C) No.34637 of 2010 3 applications after affording both sides, viz., the petitioner, the workers seeking registration and the Chairman of the committee, an opportunity of being heard, expeditiously and in any event within one week from the date specified for submission of objections. P.N. RAVINDRAN, JUDGE. nj.