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2024 Supreme(Ker) 518

DEVAN RAMACHANDRAN
Prasad, S/o. Sukumaran – Appellant
Versus
State Of Kerala, Represented By The Secretary To The Government, Department Of Labour, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioners: G. Sreekumar (Chelur).
For the Respondents: Thomas Abraham, Vishnu Premkumar, Gopakumar R. Thaliyal, M.S. Vijayachandra Ababu, R.B. Balachandran, Sri. S. Krishnamoorthy, SC, Smt. Mable C. Kurian, Sr.G.P.

JUDGMENT :

The petitioners say that they have been offered permanent employment for loading and unloading works in a business establishment called “Nahlas Grant Hyper Mart”, in Thiruvananthapuram; and that they, therefore, applied for registration under Rule 26 A of the Kerala Headload Workers Rules, 1981 (‘Rules’ for short). They allege that, however, without considering any of the germane aspects in its relevant perspective, the Assistant Labour Officer (ALO) rejected their applications, merely saying that the business has not yet commenced; and further that, if any more persons are registered, the employment opportunities of the already registered workers, who are included in the statutory Pool, would suffer.

2. The petitioners contend that, since the afore reasons are factually and legally untenable, they preferred appeals, under Rule 26 C of the “Rules”, before the Deputy Labour Officer (DLO), who, however, has merely reiterated what has been stated in Ext.P6 and upheld it, while passing his final order, namely Ext.P10. They thus pray that both Exts.P6 and P10 be set aside.

3. Sri.G.Sreekumar – learned counsel for the petitioner, explained that the factual findings in Exts.P6

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