IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9603 of 2009(U) ------------------------- PETITIONER(S): --------------- 1. P.P.JEEMON, AGED 30 YEARS, S/O.PAULOSE, PUTHENPURAYIL HOUSE, ASAMANNUR P.O., POOMALA. 2. JEEMON GEORGE, S/O.GEORGE, AGED 34 YEARS, PANAKKAL HOUSE, ASAMANNUR P.O., POOMALA. 3. C.M.ROBISH, S/O.MATHAIR, AGED 29 YEARS, CHAMAKKALA HOUSE, ASAMANNUR P.O., POOMALA. 4. BAIJU JACOB, S/O.JACOB, AGED 30 YEARS, CHAMAKKALA HOUSE, ASAMANNUR P.O., POOMALA. 5. M.P.RAJAN, S/O.PAPPU, AGED 46 YEARS, MADASSERIKUDI HOUSE, ASAMANNUR P.O., POOMALA. 6. M.K.SAJI, AGED 31 YEARS, S/O.RAMAN KOCHUKUTTAN, MADASSERIKUDI HOUSE, ASAMANNUR P.O., POOMALA. 7. M.D.BIJOY, AGED 21 YEARS, S/O.DEVASSIKUTTY, MANKUZHA HOUSE, ASAMANNUR P.O., POOMALA. 8. A.V.ELDHOSE, S/O.VARGHESE, AGED 46 YEARS, ARAKKAL HOUSE, ASAMANNUR P.O., CHERUKUNNAM. 9. C.D.ROY, S/O.DAVID, AGED 45 YEARS, CHAMAKKALA HOUSE, ASAMANNUR P.O., POOMALA. W.P.(C) No.9603 of 2009 10. SIJO JACOB, S/O.JACOB, AGED 20 YEARS, CHAMAKKALA HOUSE, ASAMANNUR P.O., POOMALA. 11. M.K.SOMAN, S/O.RAMAN KOCHUKUTTAN, AGED 46 YEARS, MADASSERIKUDI HOUSE, ASAMANNUR P.O., POOMALA. 12. P.Y.BABY, S/O.YOHANNAN, AGED 41 YEARS, PUTHENPURAYIL HOUSE, ASAMANNUR P.O., POOMALA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, KURUPPAMPADY POLICE STATION. 3. SUB INSPECTOR OF POLICE, KURUPPAMPADY POLICE STATION. 4. JOHNSON, AGED 40 YEARS, S/O.PATHROSE, MANKUZHAYIL VEEDU, ASAMANNUR P.O., CHERUKUNNU. 5. KURIACHAN, POOMALA KARA, ASAMANNUR P.O., CHERUKUNNU. 6. M.K.ROY, S/O.KURIAKOSE, AGED 43 YEARS, MATTAPPILLIL HOUSE, ASAMANNUR P.O., CHERUKUNNU. 7. JOY, AGED 42 YEARS, S/O.VARGHESE, MALIYIL HOUSE, ASAMANNUR P.O., CHERUKUNNU. BY ADV. SRI.C.S.AJITH PRAKASH FOR R4 TO R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.9603 of 2009 ------------------------------- Dated this the 26th March, 2009 J U D G M E N T Raman, J. The petitioners claim to be registered workers under the Head Load Workers Act, having obtained identity cards from the Department and are attached to M/s.Alameen Wood Industries. 2. However, the 6th respondent has filed a counter affidavit disputing that the said identity cards have been issued without proper verification and they have already preferred an appeal before the District Labour Officer, as evidenced by Ext.T6 (i). It is further submitted that the 6th respondent along with various other persons have submitted an application for registration. It is contended by the learned counsel appearing for the 6th respondent that earlier the applications were rejected, as evidenced by Ext.R6(g), and exerting influence on the Assistant Labour Officer, subsequently identity cards were issued. W.P.(C) No.9603 of 2009 2 3. In the factual circumstances, there will be a direction to the District Labour Officer to consider and dispose of the appeal, Ext.R6(i), expeditiously, within a period of three weeks from today. As an interim measure, if the petitioners are engaged by the concerned employer, there cannot be any obstruction caused to such engagement and the police will afford necessary protection. The rights of the parties, however, will be governed by the final orders that may be passed by the District Labour Officer. In case of any obstruction caused, since the petitioners are engaged by the employer, it will be open to the employer to make a complaint to the nearest police station, whereupon the worker as required by the employer will be allowed to do the work. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.