IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35332 of 2008(F)
1. SALIM.K.S, AGED 22 YEARS, S/O.SAIDHU
... Petitioner
2. HABEEB.N.H, AGED 26 YEARS,
3. SHIJO SEBASTIAN, AGED 23 YEARS,
Vs
1. DISTRICT LABOUR OFFICER, ERNAKULAM.
... Respondent
2. ASSISTANT LABOUR OFFICER, PERUMBAVOOR.
3. M/S.EASTERN CONDIMENTS PVT LTD.REP; BY
4. THE SECRETARY, CITU, PERUMBAVOOR.
For Petitioner :SMT.SARITHA DAVID CHUNKATH
For Respondent :SRI.N.C.MOHANAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 35332 of 2008
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Dated this the 19th day of January, 2009
The challenge in this writ petition is against Exhibits P4 and P5.
These orders are passed by the respondents 1 and 2.
2. The petitioners made an application for registration under
Rule 26 of the Kerala Head Load Workers Rules, 1981. That
application was considered by the second respondent and the same was
rejected vide Exhibit P5. Appeal filed against Exhibit P4 before the
first respondent was also rejected by Exhibit P5.
3. Reasons stated in Exhibit P4 and reiterated in Exhibit P5
are that the petitioners are not doing the head load works and the
establishment is lying closed. Justification given by the petitioners to
the 3rd respondent is that the employer engaged the petitioners as
attached head load workers, and that they can work only if registration
under Rule 26 is granted. In so far as the statement that the
establishment is remaining closed is concerned, the explanation is that
it is because of the obstruction caused by the Unions and also due to
W.P.(C) No. 35332/2008
2
the non-availability of the registered head load workers, the
establishment had to be closed.
In view of the above, Exhibits P4 and P5 rejecting the application
made by the petitioner cannot be sustained. Exhibits P4 and P5 will
stand quashed and the second respondent is directed to grant
registration based on Exhibits P1 to P3 applications made by the
petitioners under Rule 26 of the Kerala Head Load Workers Rules, on
the production of copy of this judgment.
ANTONY DOMINIC, JUDGE
scm