IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 27105 of 2011(K) -------------------------- PETITIONERS: -------------------- 1. BHASKARAN V., PROPRIETOR, DEEPAM THREADS, TP III-833, THIRUPURAM, RESIDING AT POTTAKULAM, VADAKATHIL HOUSE, KANJIRAMKULAM. 2. PRAKASH B., KJP5/854, POTTAKULAM, VADAKATHIL HOUSE, KANJIRAMKULAM. 3. PRAVEEN B., DHARBAVILAKAM, PUTHENKADA, THIRUPURAM P.O.. 4. RATHEESH V., PUNAVANMOOLA HOUSE, THAMALAM, POOJAPURA P.O., 5. RAMEESH V., PUNAVANMOOLA HOUSE, TC 19/876, POOJAPURA P.O. BY ADV. SMT.INDU SUSAN JACOB RESPONDENTS: --------------------- 1. THE ASSISTANT LABOUR OFFICER, LABOUR OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695121. 2. THE KERALA HEAD LOAD WORKERS, WELFARE FUND BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN-695001. R1 – BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR. R2- BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. WP(C).No. 27105 of 2011(K) APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF THE LICENSE NO.A3/58/10-11 DATED 1.1.2011. P2: CERTIFICATE ISSUED FROM THE OFFICE OF ASST. DIVISIONAL OFFICER FIRE AND RESCUE SERVICES THIRUVANANTHAPURAM DATED 23.9.2010. P3: TRUE COPY OF THE CONSENT CERTIFICATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 26.11.2010. P4: TRUE COPY OF THE RENT AGREEMENT OF 1ST PETITIONER. P5: TRUE COPY OF THE APPLICATION FILED BY 2ND PETITIONER TO THE 1ST RESPONDENT P6: TRUE COPY OF THE APPLICATION FILED BY 3RD PETITIONER TO THE 1ST RESPONDENT. P7: TRUE COPY OF THE APPLICATION FILED BY THE 4TH PETITIONER TO THE 1ST RESPONDENT. P8: TRUE COPY OF THE APPLICATION FILED BY 5TH PETITIONER TO THE 1ST RESPONDENT. P9: TRUE COPY OF THE REPRESENTATION FILED BY 1ST PETITIONER TO THE 1ST RESPONDENT DATED 30.9.2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE SCL. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.27105 of 2011 ----------------------------------------- Dated this the 13th day of October, 2011 JUDGMENT The first petitioner is the proprietor of a business establishment. Petitioners 2 to 5 are stated to be the employees of the first petitioner. It is stated that though petitioners 2 to 5 have filed Exts.P5 to P8 applications before the first respondent seeking registration as headload workers under rule 26-A of the Kerala Headload Workers Rules 1981, till date orders have not been passed thereon. In this writ petition the petitioners seek a direction to the first respondent to pass appropriate orders on those applications within a time limit to be fixed by this Court. 2. Sri.Koshy George, learned counsel appearing for the second respondent, submitted that under rule 26-A of the Kerala Headload Workers Rules, 1981 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 Exts.P5 to P8 applications and therefore the writ petition may be disposed of with a direction to the first respondent to issue notice W.P(C).No.27105 of 2011 -:2:- to the Chairman of the District Committee of the Kerala Headload Workers Welfare Board, Trivandrum, before passing orders on the said applications. The learned Government Pleader appearing for the first respondent submitted that if as claimed by the petitioners the originals of Exts.P5 to P8 applications have been received and they are pending, the first respondent will pass appropriate orders thereon within a time limit to be fixed by this Court. 3. I have considered the submissions made at the Bar by the learned counsel on either side. Under rule 26-A of the Kerala Headload Workers Rules, 1981 when an application for registration is received, the registering authority nominated for the purpose will have to issue notice to and hear the applicant's employer and also the Chairman of the District Committee of the Kerala Headload Workers Welfare Board before taking a decision thereon. Such being the situation I am of the opinion that the first respondent should consider Exts.P5 to P8 applications and dispose of the same expeditiously, after following the procedure prescribed in the Rules. I accordingly dispose of the writ petition with a direction to the first respondent to consider Exts.P5 to P8 applications filed under rule 26-A of the Kerala Headload Workers Rules, 1981 with W.P(C).No.27105 of 2011 -:3:- notice to the petitioners and the Chairman of the Trivandrum District Committee of the Kerala Headload Workers Welfare Board expeditiously and in any event within two months from the date on which the petitioners produce a certified copy of this judgment along with a copy of the writ petition before him. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.27105 of 2011 ---------------------------- JUDGMENT 13th October, 2011