A business must hold all necessary licenses to operate legally, and authorities must address applications pertaining to worker registrations promptly to ensure compliance with statutory requirements.

JUDGMENT

The above writ petition is filed with the following prayers:-

“i. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents one and two to afford sufficient police protection for the loading and unloading of the goods to the premises of the petitioner firm by its employees.

ii. To issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents one and two to remove the members of respondents three to six who are interfering with the loading and unloading of the goods in the premises of the petitioner firm.

iii. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents one and two to look into Exs.P4 and P5 complaints and initiate action against the persons who are interfering with the loading and unloading work by the employees of the petitioner firm.

iv. Grant such other reliefs as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case; and v. Award cost of the proceedings.”

2. The petitioner is a firm. According to the petitioner, employees of the petitioner firm are doing the loading and unloading work within the premises covered by Ext.P1 sale deed, where the petitioner is doing business. Respondents 3 to 6 are interfering with the work. Therefore, this writ petition is filed. The counsel conceded that it is a scheme covered area. Therefore, the petitioner submitted Ext.P3 application before the statutory authorities for registering their permanent workers as per the Headload Workers Act. No orders are passed in it.

Hence this writ petition.

3. When this writ petition came up for consideration, this Court passed an order on 28.11.2019, which is extracted hereunder:-

“The Assistant Labour Officer, Kozhikode is impleaded suo motu as the additional seventh

respondent in the writ petition.

Admit. Government Pleader takes notice for respondents 1, 2 and 7. issue notice by special

messenger to respondents 3 to 6.

Pending disposal of the writ petition, the additional seventh respondent shall take a decision on Ext.P3 series applications preferred by the petitioner in accordance with law.”

4. Eventhough, notice was taken to the party respondents through special messenger there was no appearance. Therefore, this Court passed an order on

05.12.2019, which is also extracted hereunder:-

“Despite notice by special messenger, there is no appearance for respondent Nos.3 to 6.

The learned counsel for the petitioner submits that the workers included in the pool constituted by the committee of the Headload workers Welfare Board are not available to carry out the loading and unloading works in the establishment of the petitioner. If the pool workers are not available to carry out the loading and unloading works in the establishment of the petitioner, the petitioner will be at liberty to engage workers of his choice for carrying out the works in their establishment.”

5. Admittedly, it is a scheme covered area. The application of the petitioner for registration of their employees under Section 26A of the Kerala Headload Workers Rules is pending before the additional 7th respondent. Therefore, there can be a direction to consider Ext.P3 series within a time frame and there can be a further direction to continue the interim order dated

05.12.2019 till disposal of Ext.P3 application.

6. The learned Government Pleader submitted that as per his instruction there is no licence to the petitioner's firm. I make it clear that, the petitioner can continue business only if there is licence from all statutory authorities. Therefore, this writ petition is disposed with the following directions:-

i) The additional 7th respondent is directed to consider Ext.P3 series as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment after hearing the petitioner.

ii) Till the disposal of Ext.P3 series, the interim order dated 05.12.2019 will continue.