IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 537 of 2010(N) ------------------------------------ PETITIONER(S): --------------------- 1. QUILON PORT WORKERS UNION REG.NO.231/45, PALLITHOTTAM,KOLLAM, REP. BY ITS FOUNDER GENERAL SECRETARY A.R.KUTTY,S/O.LATE ALIKUNJU, PULLAVAR NIVAS, MADATHILAZHIKOM, VADAKKEVILA VILLAGE, MADAN NADA, KOLLAM DISTRICT. 2. ALIYARU KUNJU, S/O. LATE VAVA KUNJU, CHITTKATTUVILA THEKKETHIL, MARUTHOOR KULANGARA THEKKU, AYANIVELIKULANGARA VILLAGE, ALUMKADAVU, KARUNAGAPPALLY, KOLLAM. BY ADV. MR.B.MOHANLAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE LABOUR COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF PORTS, KERALA STATE CORPORATION BUILDING, THIRUVANANTHAPURAM. 5. THE KERALA HEADLOAD WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE, ERNAKULAM NORTH, KOCHI. 6. THE KERALA HEADLOADI WORKERS WELFARE FUND BOARD, KOLLAM DISTRICT COMMITTEE, REPRESENTED BY ITS DISTRICT SECRETARY, KOLLAM. 7. THE REGIONAL JOINT LABOUR COMMISSIONER, COLLECTORATE, KOLLAM. WP(C).No. 537 of 2010(N) 8. THE DISTRICT LABOUR OFFICER, COLLECTORATE, KOLLAM. 9. THE ASSISTANT LABOUR OFFICER, IST CIRCLE, COLLECTORATE, KOLLAM. 10. THE PORT OFFICER, ASRAMAM, KOLLAM DISTRICT. 11. THE SECRETARY, CITU, KOLLAM PORT HEADLOAD WORKERS UNION, CITU OFFICE, CUTCHERRY.P.O, KOLLAM -13. 12. THE PRESIDENT, INTUC, KOLLAM PORT HEADLOAD WORKERS UNION, DCC OFFICE, CONTONMENT, KOLLAM. 13. THE SECRETARY, UTUC, KOLLAM PORT HEADLOAD WORKERS UNION, T.D. ROAD, CUTCHERRY.P.O, KOLLAM -13. 14. THE SECRETARY, BMS, KOLLAM PORT HEADLOAD WORKERS UNION, THAMARAKULAM, KOLLAM. 15. NOUSHAD. A., KOTTIYIL, ADINADU SOUTH, KATTIKADAVU P.O., KARUNAGAPPALLY, KOLLAM-13. R1 TO R4 & R7 TO R9 BY SR. GOVERNMENT PLEADER MR.K.C. SANTHOSH KUMAR R5 & R6 BY ADV. MR.KOSHY GEORGE, SC, KHLWWB . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.537 of 2010 ---------------------------- Dated 7th January, 2010 JUDGMENT The first petitioner is a trade union. The second petitioner is a member of the first petitioner trade union and a headload worker. In this writ petition, the petitioners challenge the issue of identity cards to headload workers who are members of the unions represented by respondents 11 to 14 under Rule 26A of the Kerala Headload Workers Rules, 1981. The petitioners also seek a direction to the 9th respondent, Assistant Labour Officer, First Circle, Kollam to issue fresh proceedings after notice to all the trade unions including the first petitioner union for the issue of identity cards under Rule 26A(3) of the Kerala Headload Workers Rules, 1981. The petitioners also seek a direction to the 9th respondent to issue identity cards to 80 workers of the first petitioner union. 2. Under Rule 26C of the Kerala Headload Workers Rules, 1981, an appeal lies from the order passed by the Registering Authority under Rule 26A of the Kerala Headload Workers Rules, 1981, to the appellate authority notified by the State Government. The period of limitation for filing an appeal is 60 days from the date of receipt of the order appealed against. The Appellate Authority is WP(C).No.537/2010 2 however empowered to condone the delay in filing the appeal if sufficient cause is shown for not filing the appeal within the period of 60 days. There is also a stipulation that no appeal shall be admitted after a period of six months from the date of order of the Registering Authority. 3. The main grievance voiced by the petitioners in this writ petition is that the registration has been granted to headload workers who are members of the trade unions represented by respondents 11 to 14 without any basis and that members of the first petitioner union are excluded. In my opinion, as registration under Rule 26A of the Kerala Headload Workers Rules has been given to individual workers, the remedy of the petitioners is to file appeals challenging such registration under Rule 26C of the Kerala Headload Workers Rules, 1981. In such circumstances, as the petitioners have an effective remedy by way of appeal, I am of the opinion that they should invoke such remedy instead of seeking the intervention of this Court. A Division Bench of this Court has in Biju Chacko & others v. The Dy. Director, Mining & Geology (2006 (1) KLJ 401) held that when the statute provides a remedy by way of appeal, there is no justification to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. Further, the individual workers are not before WP(C).No.537/2010 3 this Court. This Court cannot conduct an enquiry and decide whether such workers are entitled to get registration under Rule 26A of the Kerala Headload Workers Rules, 1981. On the other hand, the Appellate Authority has got the machinery to verify whether the workers who have been granted registration under Rule 26A Kerala Headload Workers Rules are entitled for such registration. Such being the situation, I am not inclined to entertain this writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioners to file appeals challenging the grant of registration to the members of the trade unions represented by respondents 11 to 14. It is also clarified that the dismissal of this writ petition will not stand in the way of the members of the first petitioner union from prosecuting their applications for registration if any filed under Rule 26A of the Kerala Headload Workers Rules, 1981. If such applications have been filed, the Registering Authority namely the 9th respondent shall consider the same in accordance with law and take a decision thereon expeditiously and in any event within two months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN Judge TKS