IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 37443 of 2008(G) ----------------------------------------- PETITIONER(S): ------------------------- 1. K.P.VARGHESE, K.A.PAUL AND SONS, NJARAKKAL MARKET, REG.NO.31/98. 2. M.V.BENNY,M.J.VARGHESE AND SONS,BUILDING MATERIALS,NJARAKKAL, HOUSE.NO.1/102 A, REG.33/98. 3. YESHUDAS AUGUSTINE, NJARAKKAL HARDWARES, BUS STOP, NJARAKKAL, H.NO.11/104A, REG.NO.35/98. 4. V.A.JOSEPH, BUILDING MATERIALS, NJARAKKAL.H.NO.X1I1.392, REG.NO.23/98. 5. A.S.BENNY, BANANA MERCHANT,NEAR POST OFFICE, NJARAKKAL.B.NO.128/A, R.NO.41/98. 6. AJIMON JOSEPH, K.V.JOSEPH HARDWARES, NJARAKKAL PO., B.NO.111/616, R.NO.21/98. 7. M.J.VARGHESE, GROSSERY MERCHANT, NJARAKKAL , B.NO.X254, R.NO.26/93. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): ---------------------------- 1. HEAD LOAD WORKERS WELFARE BOARD, LOCAL COMMITTEE, VYPEEN, REPRESENTED BY ITS CONVENER. Kss ..2/- ..2.... WPC.NO.37443/2008 G 2. THE CHIEF EXECUTIVE OFFICER, KERALA HEAD LOAD WORKERS WELFARE BOARD, SRM ROAD, COCHIN. *ADDL.R3 IMPLEADED: R3. P.I.PRAKASH, AGED 56, S/O.ITTIMANI, PUTHIMALA HOUSE, NJARACKAL. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 20/02/2009 IN I.A.NO.2491/2009) R1 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB R3 BY ADV. SRI.VPK.PANICKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37443/2008 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MINUTES OF THE MEETING OF THE 1ST RESPONDENT COMMITTEE DTD. 19/03/08. P2: COPY OF REPRESENTATION DTD. 6/09/08 FROM THE PETITIONERS TO THE 2ND RESPONDENT. P3: COPY OF THE MINUTES OF THE MEETING OF THE 1ST RESPONDENT COMMITTEE DTD. 24/10/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.37443 of 2008 ------------------------------- Dated this the 4th day of August, 2011 J U D G M E N T The prayer in this writ petition filed by persons doing the business at Vypeen, Ernakulam, an area to which the Kerala Headload Workers Act applies, is for an order directing the first respondent, the Headload Workers Welfare Board, to appoint adequate number of headload workers in Pool – 4 in terms of the decisions evidenced by Exts.P1 and P3. It is stated that for want of adequate number of headload workers in the pool, the petitioners are disabled from doing the loading and unloading work. If steps are not taken to provide sufficient number of workers, they may be permitted to engage their own workers for getting the work done in their establishment. 2. When the writ petition came up for admission on 18.12.2008, this Court while admitting the writ petition, directed that if the first respondent does not provide sufficient number of workers as per the request of the petitioners, the petitioners are free to engage their own workers for getting the work in their establishment done. 3. When the writ petition came up for hearing today, Sri.Koshy George, learned standing counsel appearing for the Kerala Headload Workers Welfare Board submitted that adequate number of W.P.(C) No.37443 of 2008 2 workers have been enrolled in the pool and that the grievance of the petitioners have been redressed. The learned counsel for the petitioners submitted that in such circumstances the writ petition may be closed reserving liberty with the petitioners that if there is shortage of headload workers, the petitioners are at liberty to engage their own workers, as directed in the interim order dated 18.2.2008. In the light of the said submission, the writ petition is closed reserving liberty with the petitioners to engage their own workers, if there is shortage of headload workers. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.37443 of 2008 JUDGMENT Dated:- 4th August, 2011 --------------------------------------