IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 35925 of 2009(I) ------------------------------------- PETITIONERS: --------------------- 1. NOBY.P.T, PALAYIMOLEM HOUSE, THAMARACHAL, KIZHAKKAMBALAM P.O., PIN-683 562. 2. BIJU.C.D, CHEMPAKASSERY HOUSE, THAMARACHAL, KIZHAKKAMBALAM P.O., PIN-683 562. 3. SABU.P.K, PLANKUDY HOUSE, MAKKINIKKARA KARA, VILANGU. 4. T.P.KURIAKO, THOTTUPURAM HOUSE, OORAKKADU, EDATHALA P.O. 5. RIJU VARGHESE, PALLIPPADAN HOUSE, THAMARACHAL, KIZHAKKAMBALAM P.O., PIN-683 562. BY ADV. MR.P.SATHISAN. RESPONDENTS: ------------------------ 1. SECRETARY, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT LABOUR OFFICER, PERUMBAVOOR. 3. HEAD LOAD WORKERS REGULATORY AND WELFARE AUTHORITY, ERNAKULAM DISTRICT COMMITTEE, REPRESENTED BY ITS CONVENOR. W.P.(C). NO.35925/2009-I: 4. HEAD LOAD WORKERS WELFARE BOARD, ERNAKULAM, REPRESENTED BY CHAIRMAN. 5. KALLEN MARBLES AND GRANITES PVT. LTD., REPRESENTED BY ITS MANAGER, THAMARACHAL, KIZHAKKAMBALAM P.O. 6. THURUTHEKKARA GRANITES, REPRESENTED BY ITS PROPRIETOR, JAMES, IV/27 A, THAMARACHAL, KIZHAKKAMBALAM- 683 562. R1 & R2 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. R3 & R4 BY MR. KOSHY GEORGE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J ................................................ W.P(C) No. 35925 of 2009 ................................................. Dated this the 18th day of December, 2009 J U D G M E N T Petitioners claim to be head load workers in the Thamarachal area at Perumbavoor. They have submitted Exts.P1 to P5 applications for registration under Rule 26A of the Kerala Head Load Workers Rules. Their grievance in this writ petition is that the 2nd respondent is not considering the application in accordance with Rule 26A of the Rules. The learned Standing Counsel appearing for the 4th respondent submits that presently local committee for the area has not been constituted. For granting registration, the local committee has to be heard. According to him, the local committee would be constituted within six weeks and the local committee will consider the claim of the petitioners in the first meeting after form of the local committee so that the applications under Rule 26A can be considered by the 2nd respondent immediately thereafter. 2. The learned counsel for the petitioner submits that petitioners cannot be asked to wait till the local committee is constituted, since they have a right for their applications to be W.P(C) No. 35925 of 2009 -2- considered in accordance with Rule 26A. 3. I have heard the learned Government Pleader also. 4. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P1 to P5 applications after complying with the procedure prescribed under Rule 26A of the Kerala Head Load Workers Rules, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge