IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 673 of 2010()
1. C.V. JOLLY, AGED 56 YEARS,
... Petitioner
Vs
1. KERALA HEAD LOAD WORKERS WELFARE BOARD,
... Respondent
2. ERNAKULAM DISTRICT COMMITTEE,
3. CHAIRMAN,
4. A.K. PIOUS,
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :15/06/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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W.A.No.673 OF 2010
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Dated this the 15th day of June, 2010
ORDER/JUDGMENT
Basheer, J.
Appellant, who is stated to be the President of Vyapari Vyavasayi
Ekopana Samity of Varapuzha ( Town Unit) has filed this appeal
impugning the order passed by the learned Single Judge in the writ
petition filed by him.
2. By the impugned judgment, the learned Single Judge found
that the grievance of the appellant that his name had been excluded
from the panel of nominees representing the employers in his area
( Varapuzha Town Unit) was vitiated by extraneous consideration,
malafides, political bias etc. could not be substantiated by him.
Therefore, the writ petition was dismissed.
3. The case of the appellant before the learned Single Judge
was that his organisation of which he is the President, had suggested
his name as one of the representatives of the employers in Paravur
Advisory Committee. Ext.P8 is stated to be the said list of nominees.
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However, according to the appellant, the District Committee tinkered
with the said list and excluded his name and prepared a panel
consisting of five members as can be seen from Annexure A produced
along with the statement filed by the Board (respondent No.1).
4. The learned Single Judge after considering the above
contentions took the view that the appellant had no right to insist that
he should be nominated as a representative of the employers in the
Advisory Committee. In other words, learned Judge held that the
District Committee was free to prepare a list as it deemed fit, and
dismissed the writ petition.
5. When this appeal came up for consideration, we directed
Sri.Koshy George, learned standing counsel for the Board, to produce
the relevant files.
6. We have heard learned counsel for the appellant and the
learned standing counsel. Having perused the entire materials available
before us and also having heard learned counsel at length, we are of the
view that the contentious issue raised by the appellant has to be
necessarily decided by the Board itself.
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7. Sri.R.T.Pradeep, learned counsel for the appellant submits
that the appellant will be satisfied, if the issue is relegated to the Board
for a final decision . But he prays that the Board may be directed to
consider Ext.P8 along with Annexure A before taking a final decision
since according to him, his nomination by the local unit will have to be
given due weight and credence as otherwise the whole idea of
democratic functioning of the system will be in peril.
We do not find any reason why the Board cannot have an open
mind in this matter. Learned standing counsel for the Board also
submits that the issue will be given a quietus by the Board in a just and
fair manner. He further submits that Ext.P8 will be kept in view by the
Board when Annexure A list forwarded by the District Committee is
taken up for consideration. However, learned standing counsel points
out that it is for the Board to decide whether such an Advisory
Committee is necessary in the area in question. We do not propose to
make any comment on this aspect, since the Board may have the final
say in these matters subject of course to the condition that any such
decision has to pass the test of enquiry and fair play. A final decision
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in the manner as indicated above shall be taken by the Board as
expeditiously as possible, at any rate, within two months from the date
of receipt of a copy of this judgment. The files shall be returned to
the learned standing counsel.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
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