IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 9853 of 2011(F) ------------------------- PETITIONER(S): --------------- 1. MINARUL SAIKH, AGED 22 YEARS, S/O.EBRAK, NASHIPUR VILLAGE, ISLAMPUR PO, MURSHIDABAD DISTRICT, WEST BENGAL, PIN 742304. 2. THARIKUL.S.K., S/O.AJMILE S.K., AGED 21, ISLAMPUR P.O., NASHIPUR VILLAGE, MURSHIDABAD DISTRICT, WEST BENGAL, PIN 742304. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENT(S): --------------- 1. ASSISTANT LABOUR OFFICER, OFFICE OF THE ASSISTANT LABOUR OFFICER, P.P.ROAD, PERUMBAVOOR-683 542. 2. ANOOP.K.A., AGED 32, S/O.ABDUL REHMAN, PROPRIETOR, M/S.KUNNATHUNADU AGENCIES, V.P.VII/8J & BK, P.P.ROAD, VENGOLA P.O., PERUMBAVOOR, KUNNATHUNADU TALUK, PIN 683547. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.9853 of 2011 ----------------------------------------- Dated this the 5th April, 2011 JUDGMENT The petitioners, who belong to the State of West Bengal and are presently employed in the second respondent's establishment, have filed this writ petition seeking a direction to the first respondent to consider Exts.P3 and P4 applications filed by them for registration as headload workers under rule 26A of the Kerala Headload Workers Rules, 1981. The petitioners submit that though Exts.P3 and P4 applications were presented on 13.10.2010 till date orders have not been passed thereon as a result of which they are put to serious prejudice. When this writ petition came up for admission hearing on 27.3.2009 the learned Government Pleader was directed to get instructions. When the writ petition came up for further hearing today Sri.Basant Balaji, learned Government Pleader, appearing for the respondents submitted on instructions that orders have not been passed on Exts.P3 and P4 applications in view of the objections raised by the Headload Workers Welfare Board. W.P(C) NO.9853/2011 -:2:- 2. I have considered the submissions made at the Bar by Sri.Manu Govind, learned counsel appearing for the petitioner and Sri.Basant Balaji, learned Government Pleader appearing for the respondents. In the nature of the order that I propose to pass I do not deem it necessary to hear the second respondent. From the materials on record it is evident that what the petitioners seek is registration as headload workers under rule 26A of the Headload Workers Rules. Rule 26A of the Keala Headload Workers Rules stipulates that before orders are passed on applications for registration the person under whom the headload worker claims employment and also the Chairman of the District Committee of the Headload Workers Welfare Board should be put on notice and afforded an opportunity of being heard. Necessarily therefore, the first respondent, the registering authority will have to consider the objections, if any, raised before him while passing orders on the applications. In such circumstances I dispose of the writ petition with a direction to the first respondent to consider Exts.P3 and P4 applications and pass orders thereon expeditiously and in any event within six weeks from the date on which the petitioners produce a certified copy of this judgment before the first W.P(C) NO.9853/2011 -:3:- respondent. The first respondent shall, before passing orders on Exts.P3 and P4 applications, issue notice to and hear the petitioners, the second respondent and also the Chairman of the District Committee of the Kerala Headload Workers Welfare Board. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.9853 of 2011 ---------------------------- JUDGMENT 5th April, 2011