IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 26030 of 2011(C) -------------------------- PETITIONER: ----------- WORLDWIDE HANDLING AGENCIES, REPRESENTED BY ITS PARTNER, REMA B.PAI, CONFRATE HOUSE, KPK MENON ROAD, WILLINGDON ISLAND, KOCHI-682 003. BY ADVS.SRI.ASHOK B.SHENOY SMT.LAKSHMI B.SHENOY RESPONDENTS: ------------ 1. THE REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD, KOCHI-682 030. 2. THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, KOCHI-682 030. 3. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, COHIN PORT TRUST AREA COMMITTEE, DLB JUNCTION, WILLINGDON ISLAND, KOCHI-682 003, REPRESENTED BY ITS CHAIRMAN. R1 & R2 BY GOVT.PLEADER SRI.GOPAKUMAR R3 BY ADV. SRI.KOSHY GEORGE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).No. 26030 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF JUDGMENT DTD.30.9.2010 IN WPC NO.30090 OF 2010 OF THIS HON'BLE COURT. EXT.P2 : TRUE COPY OF ORDER NO.C-8174/2010 DTD.29.7.2011 PASSED BY 2ND RESPONDENT. EXT.P3 : TRUE COPY OF MEMORANDUM OF APPEAL DTD.14.9.2011 FILED BY PETITIONER BEFORE 1ST RESPONDENT, AS AGAINST EXT.P2 ORDER. EXT.P4 : TRUE COPY OF PETITION FOR STAY ALONGWITH AFFIDAVIT, DTD. 14.9.2011 FILED BY PETITIONER BEFORE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF NOTICE NO.2589/11 DTD.15.9.2011 ISSUED BY 3RD RESPONDENT TO PETITIONER. RESPONDANTS'S EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE JJJ P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 26030 of 2011 ------------------------------- Dated this the 30th day of September, 2011 J U D G M E N T The petitioner is a Custom House Agent. The petitioner along with 24 others had earlier filed W.P.(C) No.30090 of 2010 in this Court challenging the revision of wages payable to head load workers introduced by the Kerala Headload Workers Welfare Fund Board with retrospective effect from 1.1.2010. By Ext.P1 judgment delivered on 30.9.2010 in W.P.(C) No.30090 of 2010, a learned single Judge of this Court held that the petitioner herein and others have an alternate remedy under section 21 of the Act and should raise a dispute in terms thereof before the appropriate authority. This Court also directed that till the appropriate authority takes a decision in the matter, the Kerala Headload Workers Welfare Fund Board, Cochin Port Trust Area Committee, the second respondent therein, shall not take coercive steps to recover the enhanced wages with retrospective effect. The petitioner herein and others accordingly moved the District Labour Officer, Ernakulam who by Ext.P2 order dated 29.7.2011 upheld the revision of wages with retrospective effect. Aggrieved by Ext.P2, the petitioner has filed Ext.P3 appeal dated 14.9.2011 accompanied by Ext.P4 application seeking a stay of operation of the order passed by W.P.(C) No.26030 of 2011 2 the District Labour Officer and the decision of the Kerala Headload Workers Welfare Fund Board revising the wages with retrospective effect. This writ petition is filed mainly seeking a disposal of the appeal and stay petition and also a stay of the revised wages with retrospective effect till 30.6.2010. It is contended that as the petitioner has already filed an appeal in terms of the provisions contained in the Kerala Head load Workers Act,1978 before the Regional Joint Labour Commissioner, Ernakulam, along with an application for stay and the head load workers are being paid revised wages with effect from 1.7.2010, recovery of arrears till 30.6.2010 may be kept in abeyance and the appellate authority may be directed to dispose of the appeal expeditiously. 2. I heard Sri.Ashok B.Shenoy, learned counsel appearing for the petitioner and Sri.Koshy George, learned standing counsel appearing for the Kerala Head load Workers Welfare Fund Board . The learned standing counsel appearing for the Kerala Head load Workers Welfare Fund Board submitted that the sum of Rs.1,09,156.32 is due from the petitioners by way of arrears of wages for the period from 1.1.2010 to 30.6.2011 and in view of Ext.P2 order by which the decision of the Kerala Head load Workers Welfare Fund Board has been upheld, the petitioner may be directed to deposit a W.P.(C) No.26030 of 2011 3 portion of the said amount as a condition for stay pending disposal of the appeal. The learned counsel for the petitioner, on the other hand, submitted that the petitioner will deposit one-third of the amount demanded, within a period of two weeks from today and on such deposit being made, the appellate authority may be directed to dispose of the appeal and the recovery of the balance amount may be stayed till such time. The learned standing counsel appearing for the Kerala Head load Workers Welfare Fund Board did not oppose the said request. In such circumstances, I dispose of the writ petition with the following directions:- i) The petitioner shall within two weeks from today deposit with the third respondent, one- third of the amount demanded in Ext.P5, viz., one-third of the sum of Rs.1,09,156.32. Upon deposit of the said amount, recovery of the balance amount pursuant to the impugned wage revision will be kept in abeyance until disposal of Ext.P3 appeal. ii) The petitioner shall however pay the revised wages with effect from 1.7.2010 and if any W.P.(C) No.26030 of 2011 4 amount is in arrear after 1.7.2010, the same shall also be paid. iii) In the event of the petitioner depositing one- third of the amount demanded within two weeks from today and producing the receipt evidencing payment along with a copy of the judgment, the first respondent shall hear Ext.P3 appeal and pass appropriate orders thereon with notice to the petitioner and the third respondent, expeditiously and in any event, within three months from the date on which the petitioner deposits one-third of the amount demanded in Ext.P5. iv) Needless to say, in the event of the petitioner depositing one-third of the amount demanded, the third respondent shall allot Head load workers to the petitioner. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.26030 of 2011 JUDGMENT Dated:- 30th September, 2011 --------------------------------------