Kerala High Court
V. Saidalavi vs State Of Kerala Represented By The ... on 12 March, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940
WP(C).No. 15697 of 2017
PETITIONER/S:
1 V. SAIDALAVI,
S/O MOHAMMED, AGED 58 YEARS, VYSYAN
VEEDU,KARAKURISSI, MANNARKAD, PALAKKAD.
2 A.HAMZA,
S/O MOHAMMED, ALAYAN'S HOUSE, ALANALLUR,PALAKKAD.
3 SAINUL ABID,
S/O ABDUL AZEEZ, CHETTIYAMTHODI, BHEEMANAD,ALANALLUR,
PALAKKAD.
4 MOHAMMED RAFI,
S/O MOHAMMED ALI, OOTHALA HOUSE,
CHANTHAPPADI,MANNARKAD, PALAKKAD.
5 MOHAMMED ALI,
S/O HAMZA, KARATT VEEDU, KOOMPARA,
PERIMPIDARI,MANNARKAD, PALAKKAD.
6 MANIKANDAN,
S/O BHASKARAN, PUTHENVEEDU, NAKKUPPADI,THAVALAM,
AGALI P.O., PALAKKAD.
7 SIVASAMI P.,
S/O PAZHANI, PADAVAYAL, PALOOR P.O., PALAKKAD.
8 KANTHASAMI,
S/O SUBRAMANIAN CHETTIAR, PADAVAYAL,THAVALAM,
PALAKKAD.
9 MOHANDAS,
S/O MURUKESI, THAZHEMANJU KANDI, PADAVAYAL, THAVALAM,
PALAKKAD.
10 MOHAMMED ALI,
S/O. KUNHEED, MURIKKUKANDAM, MANKADA,MALAPPURAM.
11 NATARAJAN,
S/O RAMASWAMI, PADAVAYAL, THAVALAM, PALAKKAD.
WP(C).No. 15697 of 2017
2
12 MAYIL SAMI,
S/O PAZHANISAMI, PADAVAYAL, THAVALAM,PALAKKAD.
13 K.MOHAMMED,
S/O VEERANKUTTY, ALAYIL, PADAVAYAL, THAVALAM,
PALAKKAD.
14 P.ABDULLA,
S/O AALI, PADINJATTIRI HOUSE,
CHAKKARAKULAMBU,KUMARAMPUTHUR, PALAKKAD.
15 M.MOOSA,
S/O VEERAN, MACHINGAL VEEDU, CHAKKARAKULAMBU,
KUMARAMPUTHUR, PALAKKAD.
BY ADVS.
SRI.JACOB SEBASTIAN
SRI.K.V.WINSTON
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, DEPARTMENT OF LABOUR, GOVT.
SECRETARIAT, TRIVANDRUM, PIN:695001.
2 THE DISTRICT LABOUR OFFICER,
PALAKKAD-678001.
3 THE ASSISTANT LABOUR OFFICER,
MANNARKAD, PALAKKAD-678582.
4 KERALA STATE CIVIL SUPPLIES CORPORATION LTD.,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
MAVELI BHAVAN, GANDHI NAGAR - 682020.
5 THE ASSISTANT MANAGER,
KERALA CIVIL SUPPLIES CORPORATION LTD, TALUK DEPOT,
MANNARKAD, PALAKKAD-678582.
6 THE ASSISTANT MANAGER,
KERALA CIVIL SUPPLIES CORPORATION LTD, TALUK DEPOT,
AGALI, PALAKKAD-678581.
7 AGALI TRADING COMPANY,
AUTHORIZED WHOLESALE RATION DISTRIBUTION, COURT
ROAD, MANNARKAD, PALAKKAD-678582.
WP(C).No. 15697 of 2017
3
8 THE MANNARKAD CO-OPERATIVE MARKETING SOCIETY LTD.,
MANNARKAD - 678582, REPRESENTED BY ITS SECRETARY.
*ADDL. THE DISTRICT COLLECTOR
R9 PALAKKAD.
*ADDL.R9 IS SUO MOTU IMPLEADED AS PER ORDER DATED
12/03/2019.
R1-R3, SRI. MATHEW GEORGE VADAKKEN, GOVERNMENT
PLEADER
R4-R6, SRI. R.LAKSHMI NARAYAN, STANDING COUNSEL,
SUPPLYCO.
SMT. MOLLY JACOB, STANDING COUNSEL, KERALA STATE
CIVIL SUPPLIES CORPORATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15697 of 2017
4
JUDGMENT
The Petitioners were Headload Workers under the Wholesale Ration Distributors. Consequent upon abolition of the wholesale dealership, the petitioners were rendered jobless. As per Ext.P5, it has gained attention of the Government and at the instance of the Hon'ble Minister a meeting was convened by the District Collectors involving District Supply Officers and others. The petitioners were working under the Wholesale Ration Distributors in the Mannarkad area. Admittedly, the petitioners do not have registration under the Kerala Headload Workers Act and Rules. The present dilemma is in regard to the deployment of the petitioners and their engagement in various places in and around Mannarkad area including the outlets of the Kerala Civil Supplies Corporation.
2. As seen from Ext.P6, some consensus were arrived to include those Headload Workers, who had applied for registration prior to 31.12.2016, for deployment.
3. This Court is of the view that the District Collector, Palakkad, will have to take a decision in the matter involving all stake holders. WP(C).No. 15697 of 2017 5
4. Therefore, the District Collector, after convening a meeting involving the District Labour Officer, the Assistant Labour Officer, the Officials of Kerala Civil Supplies Corporation and the Union members including the local Headload Workers' Committee shall take a decision in regard to the manner in which the petitioners can be deployed. If the petitioners are required to have a registration, the District Collector shall facilitate the registration of the petitioners. Appropriate decision shall be taken within a period of two months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE SPR WP(C).No. 15697 of 2017 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 28.4.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE LETTER DATED APRIL 10, 2017 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE LETTER DATED APRIL 5, 2017 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE LETTER DATED APRIL 10, 2017 ISSUED BY THE 8TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE MINUTES OF THE MEETING DATED MARCH 8, 2017.
EXHIBIT P6 A TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY THE 2ND RESPONDENT ON APRIL 4, 2017.
EXHIBIT P7 A TRUE COPY OF THE LETTER DATED AUGUST 19, 2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE DOCUMENT OBTAINED THROUGH THE RTI ACT FROM THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD. DATED APRIL 17,2018.
RESPONDENT'S/S EXHIBITS: NIL.