IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5496 of 2010(J)
1. P.VINU S/O PACHAN, AGED 52 YEARS,
... Petitioner
Vs
1. CHAIRMAN,
... Respondent
For Petitioner :SRI.AYYAPPAN SANKAR
For Respondent :SRI.KOSHY GEORGE, SC, KHLWWB
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :02/03/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.5496 of 2010
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Dated this the 2nd day of March, 2010
JUDGMENT
The petitioner challenges Ext.P11 order of the Chairman of the
Kerala Head Load Workers Welfare Board cancelling the registration
granted to the petitioner. The Standing Counsel for the Kerala
Head Load Workers Welfare Board Mr.Koshy George has filed a
statement pointing out that Ext.P11 order was passed strictly in
compliance with the procedure stipulated by clause-34 of the Head
Load Workers (Regulation of Employment and Welfare) Scheme,
1983. He has also produced Annexures-A & B to support his
contention. According to the counsel, against Ext.P11, an appeal is
provided by the scheme as per clause-36 thereof. Therefore, the
petitioner has an effective alternative remedy to challenge Ext.P11.
2. I notice from clause-36 that an appellate remedy has been
provided against Ext.P11. However, the appeal is to be filed within a
period of 15 days of receipt of the order. The contention of the
petitioner is that the time stipulated has already expired and that
there is no provision for condonation of delay in the scheme.
wpc No.5496/2010 2
3. Since an alternative remedy is available to the petitioner to
challenge Ext.P1, this Writ Petition cannot be entertained without the
petitioner having exhausted the said remedy. However, since the
petitioner ought to have filed the appeal within 15 days of receipt of
Ext.P11, I feel that the petitioner can be permitted to prefer an appeal
without the same being dismissed on the technical ground that it is
filed beyond time. The time that the petitioner had been pursuing
this Writ Petition, can be excluded for the purpose of determining
whether the appeal is filed within time.
4. In the above circumstances, this Writ Petition is disposed of
directing the petitioner to file an appeal against Ext.P11 order in
accordance with clause-36 of the scheme. If such an appeal is filed
within a period of two weeks from today, the same shall be
entertained, considered and disposed of on the merits, treating the
same to have been filed within the prescribed time. The Committee
shall make every endeavor to dispose of the appeal expeditiously
and at any rate within a period of two months from the date of filing
of the appeal.
K.SURENDRA MOHAN, Judge
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