IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 4467 of 2011(G) ------------------------- PETITIONER(S): --------------- 1. THIRUVANANTHAPURAM JILLA CHUMATTU THOZHILALI CONGRESS INTUC (I), REG.NO.378/73, PADIKKAVILAKAM, KAZHAKKOOTTAM, REPRESENTED BY IT'S WORKING PRESIDENT V.RAJ MOHAN, RESIDING 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, REPRESENTED BY IT'S CONVENOR ANILKUMAR.S., RESIDING AT MANNAN VILA VEEDU, NETAJI LANE, KIZHAKKUMBHAGAM, KAZHAKKOOTTAM, TRIVANDRUM. 3. TRIVANDRUM DISTRICT HEAD LOAD AND GENERAL WORKERS JANATHA (H.M.S.), REG.NO.01-32/92, J.P.BHAVAN, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY S.MANOHARAN, RESIDING AT REVATHY NIVAS, VALIYAVILAKAM, KAZHAKKOOTTAM.P.O., TRIVANDRUM. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R 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 STAE BEVERAGES CORPORATION, SASTHAMANGALAM, TRIVANDRUM. 695 002. WP(C).No. 4467 of 2011(G) : 2 : 3. SRI.V.SHANAVAS, SECRETARY, CITU, KAZHAKKOOTTAM UNIT, KAZHAKKOOTTAM.P.O., KAZHAKKOOTTAM. 695 006. 4. SRI.M.S.ANIL, PRESIDENT, INTUC, KAZHAKKOOTTAM MANDALAM, KAZHAKKOOTTAM.P.O., KAZHAKKOOTTAM. 695 006. 5. SRI.K.NIRMALKUMAR, SECRETARY, AITUC, KAZHAKKOOTTAM MANDALAM, KAZHAKKOOTTAM.P.O., KAZHAKKOOTTAM. 695 006. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.4467 of 2011 ----------------------------------------- Dated this the 11th day of February, 2011 JUDGMENT The petitioners are three registered trade unions representing 63 headload workers who claimed employment in the warehouse of the Kerala State Beverages Corporation at Kazhakkoottam. They had filed W.P(C)No.674 of 2007 in this Court seeking a direction to the Assistant Labour Officer, 2nd Circle, Kazhakkoottam to grant registration under rule 26A of the Kerala Headload Workers Rules 1981 to the said 63 workers whom they represent. When the said writ petition came up for hearing on 25.1.2011 it was brought to my notice that the applications for registration submitted by the said headload workers were rejected by the Assistant Labour Officer by Ext.P2 order dated 5.1.2011. The learned counsel appearing for the petitioners thereupon submitted that the petitioners have not received a copy of the said order. I therefore disposed of the said writ petition with a direction to the Assistant Labour Officer to serve on the petitioners one copy each of the order passed by him W.P(C).No.4467 of 2011 -:2:- on 5.1.2011 rejecting the applications submitted by the 63 headload workers whom the petitioners represent. I had also issued certain other directions as regards the filing of appeals from that order. The petitioners state that though pursuant to the said direction, copies of Ext.P2 order were furnished to them, copies of an earlier order dated 8.12.2010 which is referred to and relied on in Ext.P2 has not so far been furnished to them though they had applied for copies thereof. In this writ petition the petitioners seek a direction to the first respondent to furnish to them copies of the order dated 8.12.2010 referred to in Ext.P2. The petitioners submit that in order to effectively challenge Ext.P2 order the petitioners have to challenge the order dated 8.12.2010 also and unless copies of the order dated 8.12.2010 are issued to them, they will not be in a position to challenge the said order in appeal. 2. The learned Government Pleader appearing for the respondents submitted that if the petitioners apply for copies of the order dated 8.12.2010 referred to in Ext.P2, the first respondent will issue copies thereof expeditiously . In the light of the said submission I dispose of the writ petition with a direction to the first respondent to issue to the W.P(C).No.4467 of 2011 -:3:- petitioners certified copies of the order dated 8.12.2010 passed by him, which is referred to in Ext.P2 order, within three days from the date on which they submit applications for copies of the said order, accompanied by a certified copy of this judgment. I further direct that in the event of the petitioners filing appeals from the order dated 8.12.2010, the directions issued by me in Ext.P1 judgment in W.P(C)No.674 of 2007 shall govern the said appeals also. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.4467 of 2011 ---------------------------- JUDGMENT 11th February, 2011