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2013 Supreme(Ker) 861

C.K.ABDUL REHIM
Ramesh – Appellant
Versus
Assistant Labour Officer – Respondent


Advocates Appeared:
For the Petitioner:P. Ramakrishnan, Advocate.
For the Respondent:Koshy George, A.N. Rajan Babu, Renil Anto Kandamkulathy, Advocates and Government Pleader.

JUDGMENT :

C.K. Abdul Rehim, J.

Denial of registration under Rule 26A of the Kerala Headload Workers Rules, 1981 is under challenge in this writ petition. The petitioner claims to be a Headload Worker employed under two establishments engaged in fish trading, situated in 'Shakthan Thampuran Fish Market', Trichur. His application for registration was rejected by the 1st respondent through Exhibit P1, stating the reason that the petitioner is doing such headload works unauthorisedly, without consent of the local committee of the Kerala Headload Workers Welfare Board. The petitioner had approached the appellate authority, the 2nd respondent herein, in an appeal filed under Rule 26C. But the appeal was also rejected through Exhibit P3, finding that the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 (hereinafter 'the scheme' for short) is in functional operation in the area in question and the establishments in question come within the area of pool No.12A. It is found that the petitioner was working without registration in an unauthorised manner. In Exhibit P3 it is further mentioned that, even though the petitioner is entitled to be appointed as a permanent w








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