Allowed

Varghese a, v. Thiruvananthapuram District Committee of Kerala Headload Workers Welfare Board

Kerala HC7 Mar 2023WP(C)/3970/2023

Case brief

AI extract

What is this about?

In connection with W.P.(C). No. 3970 & 5788 of 2023, the High Court of Kerala directed the Thiruvananthapuram District Committee to transfer appeals under the Kerala Headload Workers Act to the District Labour Officer, Pathanamthitta. The Court directed the latter to decide the appeals within one month and continued the interim stay order.

What did the court decide?

Directions issued to transfer appeals to DL Officer, Pathanamthitta; order to decide within one month; interim stay continued.

Varghese a, Vs Thiruvananthapuram District Committee… — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶3

TUESDAY, THE 7^TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 WP(C) NO. 3970 OF 2023

¶4

PETITIONER/S:

¶5

1VARGHESE A,
AGED 45 YEARS
S/O ANTONY, CONVENER,
POOL P3A, SHASTHADHANAM, T.C 26/1997/4,
LAW COLLEGE, VANCHIYOOR. P.O,
THIRUVANANTHAPURAM, PIN - 695035

¶6

2LIJU,
AGED 38 YEARS
S/O WILSON, JOINT CONVENER,
POOL P3A AND P3B, BTR NAGAR,
KUTTIYAMOODU, NETTAYAM. P.O ,
THIRUVANANTHAPURAM, PIN - 695013
BY ADVS.
G.P.SHINOD
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
GAYATHRI S.B.

¶7

RESPONDENT/S:

¶8

1THIRUVANANTHAPURAM DISTRICT COMMITTEE OF KERALA HEADLOAD
WORKERS WELFARE BOARD,
HADI TOWERS T.C 24/1962, THAIKKAD P.O,
THIRUVANANTHAPURAM
REPRESENTED BY ITS CHAIRMAN, PIN - 695014
2ASSISTANT LABOUR OFFICER,
THIRUVANANTHAPURAM DISTRICT,
OFFICE OF THE ASSISTANT LABOUR OFFICER,
THOZHIL BHAVAN, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
3DISTRICT LABOUR OFFICER,
THIRUVANANTHAPURAM DISTRICT,
OFFICE OF THE DISTRICT LABOUR OFFICER,
THOZHIL BHAVAN, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033

¶9

WP(C) NOs. 3970 & 5788 OF 2023

¶10

¶11

4MURUGAN S
AGED 53 YEARS
S/O PARAMESWARAN, CONVENER,
POOL P2A, T.C 45/683 (2) HAITHA NAGAR,
THOPPIL, THAMALAM, POOJAPPURA P.O,
THIRUVANANTHAPURAM, PIN - 695012
5A SELVARAJ
AGED 57 YEARS
S/O ARUMUGHAM, CONVENER, POOL P2B,
KUNNUVILAKATH VEEDU, PANJAPPURA JUNCTION, VANCHIYOOR P.O,
THIRUVANANTHAPURAM, PIN - 695035

¶12

6*DISTRICT LABOUR OFFICER
PATHANAMTHITTA
DISTRICT LABOUR OFFICE
EXCEL COMPLEX, POST OFFICE ROAD
PATHANAMTHITTA, KERALA-689645

¶13

(*ADDL. R6 IS SUOMOTU IMPLEADED AS PER ORDER DATED
07.03.2023)
BY ADVS.
SRI.S.KRISHNA MOORTHY, SC, KHWWB
C.S.AJITH PRAKASH
T.K.DEVARAJAN(K/253/1993)
M.B.SOORI(K/310/2015)
BABU M.(K/1324/2019)
NIDHIN RAJ VETTIKKADAN(K/000060/2020)
HAARIS MOOSA(K/001173/2016)
ANCY THANKACHAN(K/1704/2019)
GOURI KAILASH(K/002177/2022)
KRISHNENDU.D(K/001297/2021)
THOMAS ABRAHAM

¶14

SMT DEEPA V GP SRI S KRISHNAMOORTHY SC SRI THOMAS ABRAHAM
SC

¶15

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON07.03.2023,ALONGWITHWP(C).5788/2023,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NOs. 3970 & 5788 OF 2023

¶17

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶19

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 7THDAY OF MARCH 2023 / 16TH PHALGUNA,1944

¶20

WP(C) NO. 5788 OF 2023

¶21

PETITIONER/S:

¶22

1MURUGAN S.
AGED 53 YEARS
S/O PARAMESWARAN T.C 45/683(2),
HAITHA NAGAR THOPPIL, THAMALAM, POOJAPPURA P.O
THIRUVANANTHAPURAM, PIN - 695012

¶23

2RAJESH S.A
AGED 36 YEARS
S/O SADASIVAN KRIPALAYAM, PALLIVILA,
PULIYIRAKKONAM THIRUVANANTHAPURAM, PIN - 695573

¶24

BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
FRANKLIN ARACKAL
PAUL C THOMAS
BABU M.
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA
M.B.SOORI
GOURI KAILASH

¶25

RESPONDENT/S:

¶26

1THIRUVANANTHAPURAM DISTRICT COMMITTEE OF KERALA HEAD LOAD
WORKERS WELFARE BOARD
HADI TOWERS, T.C 24/1962,
THAIKKAD P.O THIRUVANANTHAPURAM
REPRESENTED BY ITS CHAIRMAN, PIN - 695014

¶27

WP(C) NOs. 3970 & 5788 OF 2023

¶28

¶29

2THE CHAIRMAN
THIRUVANANTHAPURAM DISTRICT COMMITTEE OF KERALA HEAD LOAD
WORKERS WELFARE BOARD HADITOWERS,
T.C 24/1962, THAIKKAD P.O
THIRUVANANTHAPURAM, PIN - 695014

¶30

3 THE DISTRICT LABOUR OFFICER (GENERAL) THIRUVANANTHAPURAM DISTRICT OFFICE OF THE DISTRICT LABOUR OFFICER, THOZHILBHAVAN, THIRUVANANTHAPURAM, PIN - 695033

¶31

4 THE ASSISTANT LABOUR OFFICER 3RD CIRCLE, THIRUVANANTHAPURAM OFFICE OF THE ASSISTANT LABOUR OFFICER, THOZHILBHAVAN, VIKASBHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033

¶32

5VARGHESE A
S/O. ANTONY, AGED 45 YEARS, CONVENER, POOL P3 A,
SHASTHADHANAM, TC 26/1997/4, LAW COLLEGE, VANCHIYOOR
P.O., THIRUVANANTHAPURAM, PIN - 695035

¶33

6 *DISTRICT LABOUR OFFICER PATHANAMTHITTA

¶34

DISTRICT LABOUR OFFICE
EXCEL COMPLEX, POST OFFICE ROAD
PATHANAMTHITTA, KERALA-689645

¶35

(*ADDL. R6 IS SUOMOTU IMPLEADED AS PER ORDER DATED
07.03.2023)

¶36

BY ADV THOMAS ABRAHAM

¶37

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON07.03.2023,ALONGWITHWP(C).3970/2023,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:

¶38

WP(C) NOs. 3970 & 5788 OF 2023

¶39

¶40

JUDGMENT

¶41

W.P.(C.) No. 3970/2023 is filed by certain headload workers employed

¶42

by the Thiruvananthapuram District Committee of the Kerala Headload Workers Welfare Board. They contend that they are carrying out loading and unloading operations within Palayam Connemara Market, and they have been included in Pools P3A and P3B.

¶43

The petitioners in W.P.(C.) No. 5788/2023 are also registered Headload workers holding 6A cards and working in the Palayam Connemara Market.

¶44

For the sake of ease and clarity, the parties and exhibits shall be as referred to in WP(C) No. 3970/2022.

¶45

The petitioners in both these cases are aggrieved by Ext.P3 order issued by the Thiruvananthapuram District Committee of Kerala Headload

¶46

Workers Welfare Board on 28.01.2023, by which the Committee, after considering the prevailing workload, decided to rearrange the work. The petitioners in both these cases contend that the major workload has been given to the members of the other pool.

¶47

WP(C) NOs. 3970 & 5788 OF 2023

¶48

¶49

The petitioners in W.P.(C) No.3970/2023 assert that being aggrieved by Ext.P3 order, they have already preferred Ext.P4 appeal before the 3rd respondent by invoking Section 21(6) of the Kerala Headload Workers Act, 1978. They contend that the 3rd respondent is himself the Chairman of the Thiruvananthapuram District Committee, which passed Ext.P3 order, and therefore, the appeal preferred by the petitioners is required to be transferred to another competent District Labour Officer.

¶50

When the matter had come up for consideration on 06.02.2023, this Court, by an interim order, ordered to keep Ext. P3 in abeyance. In the meantime, the group members of Pool P2A and P2B have also approached this Court by filing W.P.(C.) No. 5788/2023. They contended that the allocation of loading and unloading work exclusively to the petitioners in W.P.(C.) No. 3970/2023 cannot be sustained.

¶51

The learned Government Pleader was directed to get instructions as to whether the dispute raised by the petitioners in W.P.(C.) No. 3970/2023 can be taken up and considered by any other authority.

¶52

Today, when the matter was taken up for consideration, the learned Government Pleader, on instructions, submits that orders have been

¶53

WP(C) NOs. 3970 & 5788 OF 2023

¶54

¶55

issued, directing the District Labour Officer, Pathanamthitta, to hear the matter and take a decision.

¶56

Sri. G.P. Shinod, the learned counsel appearing for the petitioner in W.P.(C.) No. 3970/2023, submits that directions be issued to the District Labour Officer, Pathanamthitta, to consider the matter and take a decision in an expeditious manner. It is submitted that the petitioners shall file an application for stay and requests that the stay petition be ordered to be considered, and until then, the interim order passed by this Court on 06.02.2023 be permitted to continue.

¶57

Sri. C.S. Ajith Prakash, the learned counsel appearing for the petitioner in W.P.(C.) No. 5788/2023 refers to Ext. P4 in his writ petition, and it is submitted that the order having been implemented, this Court will not be justified in granting the prayer sought by Sri. G.P. Shinod. The learned counsel also refers to the law laid down by this Court in Jerin T Alias and Another V. CEO, Kerala Headload Workers Welfare Board [2020 (1) KHC 564] and Makkar C. M and others v. State of Kerala and others [2019 (4) KHC 1], and it is argued that the grant of the interim order unless an exceptional cause is made out has been deprecated by this Court.

¶58

WP(C) NOs. 3970 & 5788 OF 2023

¶59

¶60

Having considered the submissions of the learned Government Pleader that the matter has been referred to the District Labour Officer, Pathanamthitta, the District Labour Officer, Pathanamthitta District, is suo motu impleaded as additional respondent in the writ petition.

¶61

I have considered the submissions advanced.

¶62

I find that the petitioners in both these cases are aggrieved by the order passed by the District Committee headed by the District Labour Officer. The petitioners in W.P.(C) No. 3970/2023 have already approached the Appellate Authority and have preferred Ext.P4 appeal narrating their grievance on 30.01.2023. A stalemate occurred as the Chairman of the District Committee, who is the 3rd respondent, and the said officer is the Appellate Authority under Section 21(6). It was taken note of this fact that this Court, by an interim order dated 06.02.2023, has directed to stay the operation of Ext.P3 for the time being. Now that the matter is made over to the additional 6th respondent, the District Labour Officer, Pathanamthitta, directions can be issued to the said authority to consider the appeals preferred under Section 21(6) and take a decision expeditiously.

¶63

In view of the discussion above, this writ petition is ordered by issuing the following directions:

¶64

WP(C) NOs. 3970 & 5788 OF 2023

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¶66

(i) Within a period of ten days from today, the 3rd respondent shall make over Ext.P4 appeal preferred by the petitioners in W.P.(C) 3970/2023 and appeal, if any, preferred by the petitioners

¶67

in W.P.(C) No. 5788/2023 to the District Labour Officer, Pathanamthitta, the additional 6th respondent.

¶68

(ii) On receipt of the appeal, the District Labour Officer, Pathanamthitta, shall consider the appeal and pass orders expeditiously, in any event, within one month from the date of receipt of a copy of this judgment.

¶69

(iii) It would be open to the petitioners in these cases to file appropriate applications before the additional 6th respondent seeking a stay of the proceedings. If any application is filed, orders shall be passed within seven days of the filing of such application.

¶70

(iv) Till orders are passed as directed above, the interim order dated 06.02.2023 shall continue.

¶71

Sd/-

¶72

RAJA VIJAYARAGHAVAN V JUDGE

¶73

avs

¶74

WP(C) NOs. 3970 & 5788 OF 2023

¶75

¶76

APPENDIX OF WP(C) 5788/2023

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE` `1STPETITIONER UNDER PARA-6A OF THE SCHEME 1983`
`Exhibit P2`	`A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE` `2ND PETITIONER UNDER PARA-6A OF THE SCHEME 1983`
`Exhibit P3`	`A TRUE COPY OF THE REPRESENTATION DATED` `30/08/2022 SUBMITTED BY THE 1ST PETITIONER BEFORE` `THE 1ST RESPONDENT`
`Exhibit P4`	`A TRUE COPY OF THE PROCEEDINGS NO. E5-3149/2022` `DATED 28/01/2023 ISSUED BY THE CHAIRMAN OF THE` `DISTRICT BOARD`
`Exhibit P5`	`A TRUE COPY OF THE MINUTES OF THE DISTRICT` `COMMITTEE OF THE BOARD MEETING NO. 22 DATED` `28/01/2023 SIGNED BY THE CHAIRMAN`
`Exhibit P6`	`A TRUE COPY OF THE RELEVANT PAGE OF ONE SUCH` `MINUTES OF THE MEETING OF THE DISTRICT COMMITTEE` `OF THE BOARD DATED 02/12/2022`
`Exhibit P7`	`A TRUE COPY OF THE REPLY NOTICE DATED 05/12/2022` `ISSUED TO THE LAWYER BY THE CHAIRMAN OF THE BOARD`
`Exhibit P8`	`A TRUE COPY OF THE REPORT NO. 437/2022 DATED` `01/12/2022 OF THE 4THRESPONDENT SUBMITTED TO THE` `CHAIRMAN OF THE BOARD`
`Exhibit P9`	`A TRUE COPY OF THE REPORT NO. 437/2022 DATED` `24/01/2023 SEND BY THE 4TH RESPONDENT TO THE` `CHAIRMAN OF THE DISTRICT BOARD`
`Exhibit P10`	`A TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES` `OF THE BOARD MEETING FROM PAGE 277 TO 279 DATED` `27/01/2023`

¶79

WP(C) NOs. 3970 & 5788 OF 2023

¶80

¶81

`Exhibit`	`P11` `A TRUE COPY OF THE INFORMATION FURNISHED BY THE` `PUBLIC INFORMATION OFFICER UNDER THE 1ST` `RESPONDENT UNDER RTI ACT DATED 11.10.2022`
`Exhibit`	`P12` `A TRUE COPY OF THE AGENDA OF THE MEETING OF THE` `1ST RESPONDENT BOARD DATED 08.04.2021 AND THE` `DECISION NO.4(13)`
`Exhibit`	`P13` `A TRUE COPY OF THE WORK CARD RECEIPT NO. 1204` `DATED 06-02-2023`
`Exhibit`	`P14` `A TRUE COPY OF THE WORK CARD RECEIPT NO. 86705` `DATED 04-02-2023`
`Exhibit`	`P15` `A TRUE COPY OF THE INTERIM ORDER DATED 06/02/2023` `IN W.P.(C) NO.3970/2023`

¶82

WP(C) NOs. 3970 & 5788 OF 2023

¶83

¶84

APPENDIX OF WP(C) 3970/2023

¶85

PETITIONER EXHIBITS

¶86

Exhibit P1A TRUE COPY OF THE JUDGEMENT DATED 20-10-2022
IN WP(C) NO. 33424 OF 2022 OF THE HIGH COURT
OF KERALA
Exhibit P2A TRUE COPY OF THE ORDER NO.E5-1681/2009 DATED
18-09-2009
Exhibit P3A TRUE COPY OF THE ORDER NO.E5-3149/2022
PASSED BY THE COMMITTEE DATED 28-01-2023
Exhibit P4A TRUE COPY OF THE PETITIONS SUBMITTED BEFORE
THE 3RD RESPONDENT DATED 30-01-2023
Exhibit P5A TRUE COPY OF COMMUNICATION NO.G(2)537/2023
DATED 01-02-2023

¶87

RESPONDENT EXHIBITS

¶88

EXHIBIT R4(A)A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE DEPONENT AND TWO OTHER HEAD LOAD WORKERS
BEFORE THE 1ST RESPONDENT BOARD, RECEIVED ON
30.08.2022
EXHIBIT R4(B)A TRUE COPY OF THE NOTICE ISSUED BY THE
CHAIRMAN OF THE 1ST RESPONDENT BOARD DATED
25.01.2023
EXHIBIT R4(C)A TRUE COPY OF THE REPORT OF THE ASSISTANT
LABOUR OFFICER (ALO) 3RD CIRCLE DATED
01.12.2022 FORWARDED TO THE CHAIRMAN OF THE
BOARD
EXHIBIT R4(D)A TRUE COPY OF THE REPORT SEND BY THE ALO 3RD
CIRCLE DATED 24.01.2023 TO THE CHAIRMAN OF THE
1ST RESPONDENT BOARD
EXHIBIT R4(E)A TRUE COPY OF THE INFORMATION FURNISHED BY
THE PUBLIC INFORMATION OFFICER OF THE BOARD TO
ADV. RAJEEV K S OBTAINED UNDER RIGHT TO
INFORMATION ACT DATED 11/10/2022

¶89

WP(C) NOs. 3970 & 5788 OF 2023

¶90

¶91

`EXHIBIT R4(F)`	`A TRUE COPY OF THE INFORMATION FURNISHED BY` `THE ASSISTANT PUBLIC INFORMATION OFFICER OF` `THE BOARD DATED 16/12/2022 TO A HEAD LOAD` `WORKER NAMELY MR. DEEPU M`
`EXHIBIT R4(G)`	`A TRUE COPY OF THE RECEIPT NO. C 93706 DATED` `04.02.2023 SHOWING REMITTANCE OF THE AMOUNT IN` `THE BOARD`
`EXHIBIT R4(H)`	`A TRUE COPY OF THE RECEIPT NO. C 86704 DATED` `06.02.2023 SHOWING REMITTANCE OF THE AMOUNT IN` `THE BOARD`
`EXHIBIT R4(I)`	`A TRUE COPY OF THE RELEVANT PAGE OF THE` `MINUTES OF THE MEETING ARRANGED BY THE 1ST` `RESPONDENT BOARD DATED 27.01.2023`
`EXHIBIT R4(J)`	`A TRUE COPY OF THE MINUTES OF THE MEETING OF` `THE DISTRICT COMMITTEE OF THE KERALA HEAD LOAD` `WORKERS WELFARE BOARD DATED 28/01/2023`

Varghese a, v. Thiruvananthapuram District Committee of Kerala Headload Workers Welfare Board

Case brief

What is this about?

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Varghese a, v. Thiruvananthapuram District Committee of Kerala Headload Workers Welfare Board

Case brief

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