IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 674 of 2011(H) -------------------- PETITIONER(S): ----------------------- 1. THIRUVANANTHAPURAM JILLA CHUMATTU THOZHILALI CONGRESS INTUC (I), REG.NO.378/73, PADIKKAVILAKAM, KAZHAKKOOTTAM, REP.BY ITS WORKING PRESIDENT V.RAJ MOHAN, R/AT ROHINI, CHANTHAVILA, SAINIK SCHOOL.P.O, KAZHAKKOOTTAM, TRIVANDRUM. 2. THIRUVANANTHAPURAM JILLA GENERAL MAZDOOR SANGHAM (BMS), REG.NO.56/82, MAZDOOR BHAVAN, THALIYAL ROAD, KARAMANA, REPRESEMTED BY ITS CONVENOR ANILKUMAR.S, RESIDING AT MANNAN VILA VEEDU, NETAJI LANE, KIZHAKKUMBHAGOM, KAZHAKKOOTTAM, TRIVANDRUM. 3. TRIVANDRUM DISTRICT HEAD LOAD AND GENERAL WORKERS JANATHA (H.M.S), REG.NO.01-32/92, J.P. BHAVAN, PALAYAM, THIRUVANANTHAPURAM, REP. BY ITS GENERAL SECRETARY S. MANOHARAN, RESIDING AT REVATHY NIVAS, VALIYA VILAKAM, KAZHAKKOOTTAM.P.O, TRIVANDRUM. BY ADVS. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): ------------------------ 1. ASSISTANT LABOUR OFFICER, 2ND CIRCLE, KAZHAKKOOTTAM, TRIVANDRUM-695 006. 2. REGIONAL MANAGER, KERALA STATE BEVERAGES CORPORATION, SASTHAMNGALAM, TRIVANDRUM-695 002. 3. V. SHANAVAS, SECRETARY, CITU, KAZHAKKOOTTAM UNIT, KAZHAKKOOTTAM P.O., KAZHAKKOOTTAM-695 006. ...2/- WP(C).No. 674 of 2011(H) -2- 4. M.S. ANIL, PRESIDENT, INTUC, KAZHAKKOOTTAM MANDALAM, KAZHAKKOOTTAM.P.O, KAZHAKKOOTTAM-695 006. 5. K. NIRMALKUMAR, SECRETARY, AITUC, KAZHAKKOOTTAM MANDALAM COMMITEE, KAZHAKKOTTAM.P.O, KAZHAKKOOTTAM-695 006. R2 BY ADV. SRI. ELVIN PETER, SC, KSBC R3 BY ADVS. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU R5 BY ADVS. SRI.GOPAKUMAR R.THALIYAL SRI.P.R.PRATEESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 674 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1& P1(a) : COPY OF THE FORWARDING LETTER SENT BY THE 1ST PETITIONER AND A SAMPLE COPY OF THE APPLICATION SUBMITTED BY ONE OF THE WORKERS. EXT.P2&P2(a) : COPY OF THE FORWARDING LETTER SENT BY THE 2ND PETITIONER AND A SAMPLE COPY OF THE APPLICATION SUBMITTED BY ONE OF THE WORKERS. EXT.P3&P3(a) : COPY OF THE FORWARDING LETTER SENT BY THE 3RD PETITIONER AND A SAMPLE COPY OF THE APPLICATION SUBMITTED BY ONE OF THE WORKERS. EXT.P4 : COPY OF THE RE[RESENTATION DATED 23/12/2010. EXT.P5 : COPY OF THE NOTICE DATED 17.12.2010. EXT.P6 : COPY OF THE NEWS EXTRACT PUBLISHED IN MATHRUBHOOMI DAILY DATED 6.1.2011. RESPONDENT'S EXHIBITS: EXT.R3(a) : PHOTOCOPY OF THE AGREEMENT SPECIFYING THE TERMS AND CONDITIONS OF EMPLOYMENT. EXT.R3(b) : PHOTOCOPY OF THE DIRECTIVES ISSUED TO THE WORKERS. EXT.R3(c) : PHOTOCOPY OF THE INFORMATION SUPPLIED BY THE FIRST RESPONDENT SHOWING DETAILS OF THE CARD HOLDERS IN AMBALATHUMKARA UNIT. EXT.R3(d) : PHOTOCOPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT REJECTING THE APPLICATIONS SUBMITTED BY PETITIONER UNIONS //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 674 OF 2011 -------------------------- Dated this the 25th day of January, 2011 J U D G M E N T The petitioners are three registered trade unions representing 63 headload workers who claim employment in the ware house of the Kerala State Beverages (Manufacturing & Marketing) Corporation Limited at Kazhakootam. In this writ petition, the petitioners seek a direction to the first respondent to grant registration under rule 26A of the Kerala Headload Workers Rules, 1981 to the 63 headload workers represented by them. 2. The third respondent has filed a counter affidavit contending inter alia that the applications for registration submitted by the 63 headload workers were rejected by the Assistant Labour Officer by Ext.R3 (b) order dated 5.1.2011. The learned counsel appearing for the petitioners submitted that till date the petitioners have not received a copy of the said order. In such circumstances, I am of the opinion that the petitioners should invoke the appellate remedy available to them and challenge the order passed by the Assistant Labour Officer rejecting the application for registration submitted by the 63 headload workers. I accordingly dispose of the writ petition with the following directions:- (i) The first respondent shall serve to the petitioners one copy each of the order passed by him on 5.1.2011 rejecting the application for WPC No.674/2011 2 registration submitted by the 63 headload workers represented by the petitioners. This shall be done within one week from the date on which the petitioners produce a certified copy of this judgment before the first respondent. (ii) In the event of the petitioners filing appeals before the District Labour Officer, the appellate authority constituted under rule 26C of the Kerala Headload Workers Rules, 1981 the said authority shall hear and dispose of the appeals after notice to the parties expeditiously and in any event within one month from the date of presentation of the appeal. (iii) It will be open to the petitioners to move the appellate authority seeking interim reliefs. In the event of an application for interim relief being filed, the appellate authority shall consider the same and pass appropriate orders thereon within one week from the date of presentation. (iv) The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, (JUDGE) vps WPC No.674/2011 3 WPC No.674/2011 4