Dasharath Kumar, v. Suresh
Case brief
What is this about?
The Court allowed a writ petition challenging an Appellate Authority's order quashing employer registration for headload workers. The Court set aside the order for failing to give effective notice and opportunity of hearing to the parties before deciding ex parte, remanding the matter for re-adjudication.
What did the court decide?
The impugned order dated 1.12.2021 is set aside. The matter is remitted to the Appellate Authority to decide the appeal afresh after giving all parties an opportunity of being heard.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
WP(C) NO. 737 OF 2022
PETITIONERS:
1 DASHARATH KUMAR, AGED 23 YEARS S/O.UPENDRA RAM, ATK ENTERPRISES, 37/3829-A, EDAPPALLY, COCHIN-682034. 2 AJAY KUMAR MAHTO, AGED 28 YEARS S/O.DINESH MAHTO, ATK ENTERPRISES, 37/3829-A, EDAPPALLY, COCHIN-682034. 3 ATK ENTERPRISES, 37/3829-A, EDAPPALLY, COCHIN-682034, REPRESENTED HEREIN BY ITS MANAGER NOUSHAD, S/O. YUSUF, AGED 35 YEARS, RESIDING AT MADEENA MANZIL, NEW MAHI, KANNUR-673311.
BY ADV S.SUJIN
RESPONDENTS:
1 SURESH, S/O. PRABHAKARAN, AGED 45 YEARS, KOOTHAPILLY HOUSE, EDAPPALLY P.O., ERNAKULAM-682024.
2 THE ASSISTANT LABOUR OFFICER, ERNAKULAM, SECOND CIRCLE, CIVIL STATION, 4TH FLOOR, KAKKANAD, ERNAKULAM-682030. 3 THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM-682030. 4 THE CHAIRMAN, KERALA HEAD LOAD WORKERS BOARD, ERNAKULAM DISTRICT COMMITTEE, KUMMENCHERRY BUILDING, T.D. ROAD, ERNAKULAM, KOCHI-682035.
Issues for consideration
2 issues framed by the court
Whether the Appellate Authority erred in dismissing the appeal ex parte without giving the affected petitioners an opportunity to appear and defend their case.
Whether the order of the Registering Authority was passed without sufficient material regarding the existence of the establishment and commencement of business.
Parties & counsel
- petitioner
DASHARATH KUMAR
- petitioner
AJAY KUMAR MAHTO
- petitioner
ATK ENTERPRISES
- respondent
SURESH
- respondent
THE ASSISTANT LABOUR OFFICER, ERNAKULAM
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court