IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 5139 of 2011(N) -------------------------------- PETITIONER(S): ------------------- 1. MR. RADHAKRISHNAN PILLAI, S/O.GOVINDAPILLAI, 162(9/85), SUJATHA MANDIRAM, 5, PERUNKULAM, KULAKKADA, KOTTARAKKARA. 2. MR. JAYADEVAN P.S., S/O. SURENDRAN, PLAMKUDY HOUSE, 10, PULLUVAZHY, RAYAMANGALAM, KUNNATHUNAD. 3. MR. MARTIN C.O., S/O. OUSEPH, 71, CHIRACKAL, 3, MATTOOR, KALADY, ALUVA. 4. MR. MARTIN C.A., S/O. ANTONY, 441, CHOWARAN, 2, MATTOOR, KALADY, ALUVA. BY ADV. SRI.PAULSON C.VARGHESE RESPONDENT(S): -------------------- 1. ASST. LABOUR OFFICER, (REGISTERING AUTHORITY UNDER KERALA HEAD LOAD WORKERS ACT), LABOUR OFFICE, PARAVOOR – 683 513. 2. M/S. IND-RUBBER PRODUCTS, IDA, EDAYAR, MUPPATHADOM P.O., ALUVA – 683 110. BY GOVT.PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 5139 OF 2011 -------------------------- Dated this the 18th day of February, 2011 J U D G M E N T The petitioners are workers employed in the second respondent establishment to do loading and unloading work. It is stated that they have filed Exts.P1, P1(a), P1(b) and P1(c) applications before the first respondent seeking registration as headload workers under rule 26A of the Kerala Headload Workers Rules, 1981. In this writ petition, the petitioners seek expeditious disposal of the said applications on the ground that if their registration as headload workers is delayed, they will be put to serious prejudice. 2. Sri.Koshy George, the learned standing counsel appearing for the Kerala Headload Wokers Welfare Board, who appeared pursuant to service of a copy of the writ petition on him, submitted that the area where the second respondent’s establishment is situated is a scheme covered area and therefore, the first respondent will have to issue notice to the Chairman of the District Committee of the Kerala Headload Workers Welfare Board before passing orders on the applications submitted by the petitioners for WPC No.5139/2011 2 registration. The pleadings disclose that the petitioners applied for registration as headload workers only on 17.1.2011. Under the rules, the first respondent will have to issue notice to the employer of the applicants and to the Chairman of the District Committee of the Kerala Headload Workers Welfare Board and consider their objections, if any, before passing orders on the application for registration as headload workers. In such circumstances, it cannot be said that there has been undue delay on the part of the first respondent in disposing of the application. However, in view of the fact that the workers seeking registration have sought expeditious orders on their application for registration, I am of the opinion that the first respondent should take up the applications and pass orders thereon expeditiously. I accordingly dispose of the writ petition with a direction to the first respondent to pass orders on Exts. P1, P1(a), P1(b) and P1(c) applications in accordance with the provisions contained in rule 26A of the Kerala Headload Workers Rules, 1981 expeditiously and in any event within one month from the date on which the petitioners produce a copy of this judgment before him. WPC No.5139/2011 3 P.N.RAVINDRAN, (JUDGE) vps WPC No.5139/2011 4