IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 578 of 2011(V) PETITIONER(S): --------------- 1. JINESH KURIAKOSE, JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 2. VARGHESE P.V., JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 3. PATHROSE.T.C., JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 4. KURIAKOSE.V.M., JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 5. GEORGE MATHEW, JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 6. THOMAS.C.P., JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 7. SURESH KUMAR.C.A., JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 8. BIJU MATHEW, JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 9. THOMAS.C.V., JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. 10. GEORGE.K.V., JANATHA TRADING CORPORATION, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. THE ASSISTANT LABOUR OFFICER, LABOUR OFFICE, MUVATTUPUZHA, ERNAKULAM. 2. MANAGING PARTNER, JANATHA TRADING CORPORATION, 2/296 B, THOTTATHIMALA, EZHAKARANADU P.O., ERNAKULAM. ADDL. KERALA HEADLOAD WORKERS WELFARE BOARD, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN. (IMPLEADED AS PER ORDER DT. 20.1.2011 IN I.A.NO.970/2011) BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.578 of 2011 ------------------------------- Dated this the 20th day of January, 2011 J U D G M E N T The petitioners claim that they are head load workers engaged by the second respondent. It is stated that they have submitted the originals of Exts.P1 to P10 applications before the first respondent seeking registration as head load workers under rule 26A (1) of the Kerala Head Load Workers Rules, 1981. The grievance voiced by the petitioners is that though several months have passed after the applications were submitted and a hearing was also held on 22.11.2010, till date, the identity cards have not been issued to the petitioners. In this writ petition, the petitioners seek a direction to the first respondent to issue identity cards to them pursuant to Exts.P1 to P10 applications. 2. Sri.Koshy George, the learned standing counsel appearing for the Kerala Head Load Workers Welfare Board, submitted that the area where the second respondent's establishment is situated is a scheme covered area, and therefore, the Kerala Head Load Workers Welfare Board is entitled to be put on notice and heard before orders are passed on Exts.P1 to P10 applications. The petitioners do not dispute the said fact. Such being the situation, the first respondent will necessarily have to issue notice to the Kerala W.P.(C) No.578/2011 2 Head Load Workers Welfare Board before passing orders on the applications filed by the petitioners. Under rule 26A(2) of the Kerala Head Load Workers Rules, 1981 the first respondent is bound to give notice to the Chairman of the District Committee of the Kerala Head Load Workers Welfare Board before passing orders on the applications submitted by the petitioners. I accordingly dispose of the writ petition with a direction to the first respondent to consider and pass orders on Exts.P1 to P10 applications filed by the petitioners, after notice to the Chairman of the District Committee of the Kerala Head Load Workers Welfare Board expeditiously and in any event, within six weeks from the date on which petitioners produce a copy of this judgment before him. P.N. RAVINDRAN, JUDGE. nj.