High Court of KeralaWP(C)/31140/2015disposed of

Abbas Hassankutty v. The Assistant Labour Office

2015-10-15Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 31140 of 2015 (N) -------------------------------------- PETITIONER:

-------------------------- ABBAS HASSANKUTTY, AGED 55 YEARS, S/O.HASSANKUTTY, THEKKINTHODIYIL HOUSE VENGANELLUR P.O.

CHELAKKARA, THRISSUR DISTRICT.

BY ADVS.SRI.C.A.NAVAS SRI.SHAJI SAMAD P.A.

SRI.C.J.SOLOMAN SMT.E.G.AMBILY SRI.BABU JOSEPH PYNADATH SRI.T.K.SASIKUMAR RESPONDENTS:

----------------------------

1. THE ASSISTANT LABOUR OFFICER (GRADE-1) COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT - 675 011

2. THE DISTRICT LABOUR OFFICER COLLECTORATE, THRISSUR DISTRICT - 675 011

3. THE VILLAGE OFFICER VENGANELLUR VILLAGE, THRISSUR DISTRICT - 675 011

4. THE DEPUTY TAHSILDAR REVENUE RECOVERY, THALAPPILLY THALUK THRISSUR DISTRICT - 675 011

5. THE DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT - 675 011

6. STATE OF KERALA REPRESENTED BY THE SECRETARY, LABOUR DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31140 of 2015 (N) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - PHOTOSTAT COPY OF THE CERTIFICATE NO.3886/2012 DATED 03.10.2012 ISSUED BY THE PANCHAYATH.

P2 - PHOTOSTAT COPY OF THE LAWYER NOTICE DATED 10.01.2013 P3 - PHOTOCOPY OF THE POSTAL AD CARD DATED 19.01.2013 P4 - THE PHOTOSTAT COPY OF THE RR NOTICE DATED 26.12.2014 U/S 7 OF THE RR ACT P5 - THE PHOTOSTAT COPY OF THE RR NOTICE DATED 26.12.2014 U/S 34 OF THE RR ACT P6 - THE PHOTOSTAT COPY OF THE APPLICATION DATED 04.02.2015 UNDER RIGHT TO INFORMATION ACT.

P7 - THE PHOTOSTAT COPY OF THE JUDGMENT DATED 11.03.2015 IN WPC.NO.4202/2015 OF THE HONOURABLE HIGH COURT OF KERALA. P8 - THE PHOTOSTAT COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT DATED 31.7.2015 P9 - THE PHOTOSTAT COPY OF THE ORDER NO.C1-6895/11 DATED 04.09.2012 P10 - THE PHOTOSTAT COPY OF THE CERTIFICATE NO.6312/2012 DATED 03.10.2012 ISSUED THE CHEALKKARA GRAMA PANCHAYATH. P11 - THE PHOTOSTAT COPY OF THE CERTIFICATE NO.817/2015 DATED 26.03.2015 ISSUED THE VENGANELLOOR VILLAGE OFFICE P12 - THE PHOTOSTAT COPY OF THE CERTIFICATE NO. A 8/1535/2015 DATED 03.03.2015 ISSUED THE CHEALKKARA GRAMA PANCHAYATH. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.31140 OF 2015 ---------------------------------------- Dated this the 15th day of October, 2015

JUDGMENT

Ext. P9 order of assessment made under the Kerala Building and other Construction Workers Welfare Cess Act, 1996 (the 'Act' for short) is impugned. The petitioner is free to challenge the order of assessment in a statutory appeal. The insistence on the payment of the entire cess together with one percent fee for filing the statutory appeal cannot be said to be arbitrary. The Act is a welfare legislature intended for the benefit of the construction workers.

The petitioner was relegated to the statutory remedy even earlier by Ext. P7 judgment. The petitioner however contends that the same was in respect of the adjacent building. I do not find that a different yardstick should be adopted in respect of this building. Any appeal

W.P.(C). NO.31140 OF 2015 2 filed within one month from today shall be dealt with within a period of two months therefrom. The contention that the construction was effected even before the Act came into force can also be urged in the appeal. The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS