JUDGMENT :

K. VINOD CHANDRAN, J.

1. A Division Bench of this Court referred a question of law for consideration by a Full Bench, doubting the declaration of a Division Bench in Jnana Prakasam vs. Natarajan, 2002 (1) KLT 39, which reversed the judgment of a Single Judge in Arogyaswamy vs. District Labour Officer, 2000 (3) KLT 676. The referring Bench agreed with the proposition in Arogyaswamy (supra) that existing cardholders under Rule 26A of the Kerala Head-load Workers Rules, 1981 (for brevity ‘the Rules of 1981’) would not have a right of appeal under Rule 26C of the Rules of 1981 against a fresh registration granted under Rule 26A of the Rules of 1981. According to the referring Bench, the existing cardholders would have to approach the Registering Authority under sub-rule (4) of Rule 26A of the Rules of 1981.

2. Learned Counsel for the petitioner Sri. Ajith Prakash argued for the position that the appeal, which led to the impugned order, is not maintainable and the opinion of the referring Bench has to be upheld. On facts it is submitted that respondents 4 and 5 representing the existing Rule 26A cardholders, opposed the registration granted to the 27 appellants only by reason of