Allowed

Shaik Madhaar, v. the District Labour Officer

Kerala HC19 Feb 2020WP(C)/261/2020

Case brief

AI extract

What is this about?

This single judge court issued a writ of mandamus directing the District Labour Officer to consider, hear, and pass orders on the petitioners' appeal preferred against a prior order, disposal to be effected expeditiously within six weeks from the date of the order.

What did the court decide?

Direction to the 1st respondent to dispose of the Ext.P2 appeal on merits within six weeks from today.

Shaik Madhaar, Vs the District Labour Officer — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

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WP(C).No.261 OF 2020(G)

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PETITIONERS:

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1 SHAIK MADHAAR, AGED 48 YEARS, S/O. ABDUL MAJEED, SHAIK MADHAAR MANZIL, KONGAL, PARAVUR P.O., PIN-691301.

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2 VINU C.J., AGED 22 YEARS, S/O. CHANDRA BABU, THENGUVILA HOUSE, KOTTAPPURAM, PARAVUR P.O., PIN-691301.

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3 JIVA KATARA, AGED 29 YEARS, S/O. HAKRU KATARA, WARD NO.11, PADA, GORCHA VILLAGE, BHUNGADA POST, GORCHHA TEHSIL, BANSWARA, RAJASTHAN-327026.

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4 RAJESH NINAMA, AGED 31 YEARS,

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S/O. VITHALA NINAMA, WARD NO.9, CHEN CHEEB, MAHIDEM, CHEEB, MATHIDAM, BANSWARA, RAJASTHAN-327026.

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5 RIYAS ASHRAF, AGED 26 YEARS, S/O, ASHARAF M.A., THOTTA HOUSE, THEKKUMBHAGOM P.O., PARAVUR POST, KOLLAM-691319.

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6 SAFARULLA KHAN, AGED 46 YEARS, S/O. EBRAHIM, THEKKE VELIKKAKAM, THEKKUMBHAGOM P.O., PARAVUR POST, KOLLAM-691319.

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7 SAYYID ABULALA, AGED 50 YEARS, S/O. SAYYID HAMID THANGAL, DARUL SAYYID, THEKKUMBHAGOM P.O., PARAVUR POST, KOLLAM-691319.

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8 AZI F., AGED 39 YEARS, S/O. FAZILUDEEN, KAPPIKARAZHIKAM, THEKKUMBHAGOM P.O., PARAVUR POST, KOLLAM-691319.

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WP(C).No.261 OF 2020 2

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9 SUNIL NINAMA, AGED 21 YEARS, S/O. PRABHULAL NINAMA, WARD NO.9, CHEEB, BANSWARA, MAHIDAM, RAJASTHAN-327026.

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BY ADVS. SRI.B.ASHOK SHENOY SMT.C.G.PREETHA SRI.P.S.GIREESH SRI.RIYAL DEVASSY DR.ABHILASH O.U.

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RESPONDENTS:

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1 THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KOLLAM-691013.

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2 THE ASSISTANT LABOUR OFFICER, OFFICE OF THE ASSISTANT LABOUR OFFICER, PARAYILKAVU, NEDUNGOLAM P.O., PARAVUR-691334, KOLLAM DISTRICT.

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3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD, CHATHANNOOR, KOLLAM-691572, REPRESENTED BY ITS CHAIRMAN.

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4 M.S. KAHAR, MANAGER PARTNER, MS TILES AND GRANITES, VI/15N, NEDUNGOLAM, NEDUNGOLAM P.O., PARAVUR-691334, KOLLAM DISTRICT.

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SRI.SIJU K., SC, KHWWB

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SRI.P.N.RAJAGOPALAN NAIR, FOR R4 SRI.RON BASTIAN, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.261 OF 2020 3

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JUDGMENT

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The above captioned writ petition is filed seeking the following relief:-

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(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 1^st respondent to consider, hear and pass orders in accordance with law, on Ext.P2 appeal, within a reasonable time limit as this Hon'ble Court may deem fit to fix in the facts and circumstances of the case

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When the matter was taken up for consideration, the learned

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counsel appearing for the petitioners submit that the limited relief sought for by the petitioners is for a direction to the 1^st respondent to take up Ext.P2 appeal filed challenging Ext.P1 order and pass appropriate orders on its merits within a time frame.

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3. Heard the learned Government Pleader as well.

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Having regard to the facts and circumstances and the submissions made across the bar and without delving into the merits of the case, I direct the 1^st respondent to take up Ext.P2 appeal preferred by the petitioners herein and to dispose of on its merits expeditiously within a period of six weeks from today.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.261 OF 2020 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORDER NO.542/2019 DATED 16/10/2019 PASSED BY 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF MEMORANDUM OF APPEAL FILED BY PETITIONERS BEFORE 1ST RESPONDENT, DATED 05/11/2019.

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RESPONDENTS' EXHIBITS:NIL

Shaik Madhaar, v. the District Labour Officer

Case brief

What is this about?

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Shaik Madhaar, v. the District Labour Officer

Case brief

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