IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 18289 of 2010(I) --------------------- PETITIONER(S): ------------------------ 1. MR.PRABHAKAR SAHU, S/O.SANKARSAN SAHU, VILLAGE & POST ALICHAR VIA, GOP DIST. PURI (ORISSA) 2. MR.SUKANTA KUMAR ROUT, S/O.BATHKRISHNA ROUT, VILLAGE RAJARASHI, P.O.KHADISHA, NIMAPARA DIST. PURI (ORISSA). 3. MR. KARTIK BEHRA, S/O.BHAGWAT BEHRA, VILLAGE MANIJANG PATNA, POST MANIJANG 752114, DIST. PURI (ORISSA). BY ADV. SRI.PAULSON C.VARGHESE RESPONDENT(S): ------------------------- 1. ASST. LABOUR OFFICER, (REGISTERING AUTHORITY UNDER KERALA HEAD LOAD WORKERS ACT) LABOUR OFFICE, ALUVA. 2. M/S.PRIMA BEVERAGE PVT.LTD., 35-I.D.A. ERUMATHALA P.O., ALUVA, REPRESENTED BY ITS DIRECTOR. R1 BY GOVT. PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 18289 of 2010(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPLICATION DATED 20.4.2010 SUBMITTED BEFORE THE FIRST RESPONDENT ASST. LABOUR OFFICER. EXT.P1(a) : COPY OF THE APPLICATION DATED 20.4.2010 SUBMITTED BEFORE THE FIRST RESPONDENT ASST. LABOUR OFFICER. EXT.P1(b) : COPY OF THE APPLICATION DATED 20.4.2010 SUBMITTED BEFORE THE FIRST RESPONDENT ASST. LABOUR OFFICER. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 18289 OF 2010 -------------------------- Dated this the 8th day of March, 2011 J U D G M E N T The petitioners claimed to be headload workers attached to the second respondent establishment. It is stated that they have submitted separate applications, evidenced by Exts.P1, P1(a) and P1(b), seeking registration as attached headload workers of the second respondent establishment under rule 26 A of the Kerala Headload Workers Rules, 1981. The grievance voiced by the petitioners is that though several months have passed after they submitted the applications for registration as attached headload workers, till date, the first respondent, the registering authority has not considered the applications or passed orders thereon. In this writ petition, the petitioners seek a direction to the first respondent to pass orders on Exts.P1, P1(a) and P1(b) applications within a time limit to be fixed by this Court. 2. I heard Sri.Paulson C. Varghese, learned counsel appearing for the petitioners, Sri.M.A.Asif, learned Government Pleader appearing for the first respondent and Sri.Koshy George, learned standing counsel appearing for the Kerala Headload Workers Welfare Fund Board. The learned standing counsel WPC No.18289/2010 2 appearing for the Kerala Headload Workers Welfare Fund Board submitted that the second respondent establishment is situated in a scheme covered area and therefore, in terms of rule 26A(2) of the Kerala Headload Workers Rules, 1981, the Chairman of the district committee of the Kerala Headload Workers Welfare Fund Board is entitled to be put on notice and heard before orders are passed on the applications submitted by the petitioners. 3. Under rule 26A, the petitioners are entitled to have their applications considered and disposed of after an enquiry. The rule stipulates that before the applications are disposed of, the person under whom the workers claim employment and the Chairman of the district committee of the Kerala Headload Workers Welfare Fund Board have to be put on notice and heard. In view of the fact that several months have passed after the petitioners submitted their applications for registration as attached headload workers, I dispose of the writ petition with a direction to the first respondent to consider and pass final orders on Exts.P1, P1(a) and P1(b) applications expeditiously and in any event within one month from the date on which the petitioners produce a certified copy of this judgment before him, after notice to and affording the petitioners, the second WPC No.18289/2010 3 respondent and the Chairman of the district committee of the Kerala Headload Workers Welfare Fund Board an opportunity of being heard. P.N.RAVINDRAN, (JUDGE) vps WPC No.18289/2010 4 WPC No.18289/2010 5