IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 23046 of 2011(E) -------------------------- PETITIONER(S): --------------------- MR.K.K.RAMANAN, POOL LEADER, POOL 18 UNDER MULANTHURITY SUB OFFICE OF THE KERALA HEAD LOAD WORKERS' BOARD, AARAKUNNAM-682313. BY ADVS. SRI.PAULSON C.VARGHESE SRI.BABY JOSEPH(KOCHI) RESPONDENT(S): ----------------------- 1. POOL 17 UNDER MULANTHURITY SUB OFFICE OF THE KERALA HEAD LOAD WORKERS' BOARD, MULANTHURUTHY, ERNAKULAM-682314, REPRESENTED BY ITS POOL LEADER MR.K.V.ASHOKAN. 2. POOL 27 UNDER MULANTHURITY SUB OFFICE OF THE KERALA HEAD LOAD WORKERS' BOARD, EDAKKATTUVAYAL, VIA ARAKKUNNAM-682313, ERNAKULAM REPRESENTED BY ITS POOL LEADER MR.K.T.PHILIP. 3. HEAD LOAD WORKERS' BOARD, MULANTHURUTHY SUB OFFICE, MULANTHURUTHY-682314, REPRESENTED BY ITS CONVENER. 4. KERALA HEAD LOAD WORKERS BOARD, TRIPUNITHURA COMMITTEE, TRIPUNITHURA-682301, REPRESENTED BY ITS CHAIRMAN. 5. THE CHIEF EXECUTIVE OFFICER, KERALA HEAD LOAD WORKERS BOARD, SRM ROAD, ERNAKULAM, COCHIN-682018. 6. CONTROLLING AUTHORITY UNDER HEAD LOAD WORKERS ACT, DISTRICT LABOUR OFFICER, DISTRICT LABOUR OFFICER'S OFFICE, CIVIL STATION, KAKKANAD, COCHIN-682030. VK WP(C).No. 23046 of 2011(E) ----------------------------------------- 7. THE APPELLATE AUTHORITY UNDER HEAD LOAD WORKERS' ACT, REGIONAL LABOUR COMMISSIONER (RJLC), RJLC'S OFFICE, CIVIL STATION, KAKKANAD, COCHIN-682030. R1-2-BY ADVS SRI.P.JACOB VARGHESE, SENIOR ADVOCATE SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO R3 TO R5 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB R7 BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 23046 of 2011(E) -------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE SUB COMMITTEE REPORT. EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 2-4-2008 IN WPC 11246/2008 (L). EXHIBIT P3: TRUE OOPY OF THE ORDER NO.A3 6366/08 DATED 7-6-2008 PASSED BY THE FIFTH RESPONDENT, CHIEF EXECUTIVE OFFICER. EXHIBIT P4: TRUE COPY OF THE ORDER NO.E 298/08 DATED 8-7-2008 PASSED BY THE FOURTH RESPONDENT, CHAIRMAN OF BOARD. EXHIBIT P5: TRUE COPY OF THE ORDER NO.C 1962/2011 DATED 11-07-2011 PASSED BY THE SIXTH RESPONDENT, CONTROLLING AUTHORITY (DLO). EXHIBIT P6: TRUE COPY OF THE APPEAL MEMORANDUM DATED 12-08-2011 FILED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY. EXHIBIT P6A: TRUE COPY OF THE STAY PETITION DATED 12-8-2011 FILED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY. RESPONDANTS'S EXHIBITS: --------------------------------------- EXT.R1(A). COPY OF LETTER NO.169(A)/2011 DT. 10.3.11 ISSUD BY THE ASSISTANT LABOUR OFFICER TO THE 1ST RESPONDENT. EXT.R1(B). COPY OF JUDGMNT DT.13.9.2010 9IN WPC 20828/08 OF THIS HON'BLE COURT. / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P (C) No.23046 of 2011 ------------------------------- Dated this the 20th day of October, 2011 J U D G M E N T The petitioner herein who represents a pool of headload workers, has filed this writ petition mainly challenging Ext.P5 order dated 11.7.2011 passed by the District Labour Officer, Ernakulam resolving a dispute under section 21(4) of the Kerala Headload Workers Act. By that order, the District Labour Officer cancelled the decision taken by the Chief Executive Officer of the Kerala Headload Workers Board amalgamating pool Nos.17 and 27. 2. It is evident from the pleadings and the materials on record that challenging Ext.P5 order, the petitioner has filed Ext.P6 appeal before the Regional Joint Labour Commissioner, the appellate authority constituted under section 21 of the Kerala Headload Workers Act. In such circumstances, as the petitioner has already invoked the appellate remedy available to him, he should pursue the said remedy instead of seeking the intervention of this Court. In such circumstances, leaving open the contentions of both sides I dispose of the writ petition with a direction to the 7th respondent before whom Ext.P6 appeal is pending to dispose of the same expeditiously and in any event within two months from the date W.P.(C) No.23046 of 2011 2 of receipt of a certified copy of this judgment with notice to the parties concerned. Until such time, the interim order passed by this Court on 24.8.2011 which was later extended on 23.9.2011 shall continue to operate. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 23046 of 2011 JUDGMENT Dated:- 20th October, 2011 --------------------------------------