T.K. Mohammed Basheer v. District Labour Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 21416 of 2015 (B) ---------------------------- PETITIONER :

------------------ T.K. MOHAMMED BASHEER, AGED 46 YEARS, S/O.T.K.MOHAMMEDKUTTY, THAYYIL KIZHAKKETHIL HOUSE, KANMANAM POST, MALAPPURAM DISTRICT, (MANAGING PARTNER T.K.TRADING COMPANY, DOOR NO.III/651, VANIYAMKULAM OTTAPALAM TALUK, PALAKKAD DISTRICT).

BY ADV. SRI.R.SREEHARI RESPONDENTS:-:

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1. THE DISTRICT LABOUR OFFICER CIVIL STATION, PALAKKAD - 678 001.

2. ASSISTANT LABOUR OFFICER OTTAPALAM - 679 101.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 21416 of 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

PHOTO COPY OF LICENCE DAED 14.01.2015 ISSUED BY VANIYAMKULAM GRAMA PANCHAYAT.

EXHIBIT P2:

PHOTO COPY OF REGISTRATION CERTIFICATE DATED 20.05.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3:

PHOTO COPY OF APPLICATION FOR REGISTRATION OF HEADLOADED WORKER DATED 27.05.2015.

EXHIBIT P4:

PHOTO COPY OF APPLICATION FOR REGISTRATION OF HEADLOADED WORKER DATED 27.05.2015.

EXHIBIT P5:

PHOTO COPY OF APPLICATION FOR REGISTRATION OF HEADLOADED WORKER DATED 27.05.2015.

EXHIBIT P6:

PHOTO COPY OF APPLICATION FOR REGISTRATION OF HEADLOADED WORKER DATED 27.05.2015.

EXHIBIT P7:

PHOTO COPY OF COMPLAINT DATED 14.07.2015 FILED BEFORE THE SUB INSPECTOR OF POLICE, OTTAPALAM.

EXHIBIT P8:

PHOTO COPY OF RECEIPT DATED 14.07.2015 ISSUED BY THE OTTAPALAM POLICE STATION.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- -------------------------------------------------- Dated this the 16th day of July, 2015

J U D G M E N T

The petitioner is seeking a direction to the respondents to consider Exts.P3 to P6 within a time frame.

2.

The petitioner is the Managing Partner of M/s T.K.Trading Company, doing the work of stockist and clearing and forwarding agent of various brands of cement. The petitioner's firm obtained licence from Vaniyamkulam Grama Panchayath for the functioning of the firm and also registered with the 2nd respondent under the provisions of Kerala Shops and Commercial Establishment Act. The petitioner also applied for registration of his workers before the 2nd respondent as evidenced by Exts.P3 to P6, for which the petitioner was heard on 07.07.2015 and only a formal order has to be passed by the 2nd respondent. The petitioner alleges that

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in the meantime, when the petitioner's workers attempted to unload cement bags, the local workers obstructed the same and Ext.P7 complaint was filed before the Sub Inspector of Police, Ottappalam. Therefore, according to the petitioner, the registration of the petitioner's workers in terms of Exts.P3 to P6 has to be done at an early date. Otherwise, the petitioner's firm cannot function smoothly; it is alleged. Hence, the petitioner has approached this Court for a direction to the respondents to consider Exts.P3 to P6.

3.

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. As the learned counsel for the petitioner confined his argument to the limited prayer for a direction to the respondents to consider and pass appropriate orders on Exts.P3 to P6 within a time frame, the writ petition is disposed of directing the respondents to consider and pass appropriate orders on Exts.P3 to P6 in the light of Ext.P2, within a period of two weeks from the date of

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receipt of a copy of this judgment.

To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition before the respondents at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-