M/S. CK MATERIALS @ CEEKE MATERIALS v. THE STATE OF KERALA,
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-03-26. M/S. CK MATERIALS @ CEEKE MATERIALS v. THE STATE OF KERALA,. Read the judgment and case details on LawSphereX.
Judgment text
2025:KER:26580 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE MURALI PURUSHOTHAMAN TH WEDNESDAY, THE 26 DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 35251 OF 2024 PETITIONERS: 1 M/S. CK MATERIALS @ CEEKE MATERIALS XIV/203. 204, CHENOLI ROAD, PERAMBRA, KOZHIKODE-, REPRESENTED BY ITS PROPRIETOR, MR. BIJU C. K. , PIN – 673 525. 2 JAMSHEER M, MUTHANGAYIL HOUSE, CHENOLI POST, PERAMBRA, KOZHIKODE, PIN – 673 525. BY ADVS. TERRY V. JAMES ABRAHAM KOLLINAL RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND SKILLS DEVELOPMENT DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN – 695 001. 2 THE DISTRICT LABOUR OFFICER KOZHIKODE, APPELLATE AUTHORITY UNDER THE KERALA HEAD LOAD WORKERS ACT OFFICE OF THE DISTRICT LABOUR OFFICER, ERANHIPALAM, CIVIL STATION, KOZHIKODE, PIN – 673 020. 3 THE ASSISTANT LABOUR OFFICER, KOYILANDI, REGISTERING AUTHORITY UNDER THE KERALA HEAD LOAD WORKERS ACT.
OFFICE OF THE ASSISTANT LABOUR OFFICER, 2025:KER:26580 KOYILANDI, PIN – 673 305. 4 THE HEADLOAD WORKERS WELFARE FUND BOARD, PERAMBRA SUB COMMITTEE/OFFICE, REPRESENTED BY ITS CONVENOR, M. K. BUILDING, CHEBRA ROAD, PERAMBRA, KOZHIKODE, PIN – 673 525. 5 SURESH P. M ( SOUGHT TO BE IMPLEADED ) S/O KUNJIKANNAN, PULEEKANDI, KUTTOTH, MEPPAYOOR, CHERUVANOOR, KUTTOTH, KOZHIKKODE DISTRICT PIN-673 524. 6 ABDUL SAMAD ( SOUGHT TO BE IMPLEADED ) S/O KADEESA, MURINGURU, ERAVATOOR PO, KOZHIKKODE DISTRICT, PIN- 673 525. 7 MANOJAN V ( SOUGHT TO BE IMPLEADED ) S/O KUNJIRAMAN, MALAPPADIKANDIMETHAL, PERAMBRA P. O, KOZHIKKODE DISTRICT, PIN- 673 525. 8 ABDUL RIYAZ. V. O ( SOUGHT TO BE IMPLEADED ) S/O MOIDEEN, VALIYA OTHAYOTH, ERAVATTUR, ERAVATTUR, KOZHIKODE DISTRICT, PIN -673 525. BY ADVS. K. S. ARUN KUMAR SANTHARAM. P REKHA ARAVIND P. G. GOKULNATH SHEEJA C. S, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26. 03.
2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26580 JUDGMENT st The 1 petitioner is a Sole Proprietorship engaged in the stock/ sale of building materials, Paint, nd Electricals, Hardware etc and the 2 petitioner is the st headload worker in the 1 petitioner’s establishment. nd The 2 petitioner submitted Ext. P3 application before rd the 3 respondent for registration under Rule 26A of the Kerala Headload Workers Rules, 1981 (for short, rd Rules’). The 3 respondent rejected the application on nd the ground that the 2 petitioner was seen working as a salesman during the inspection and that the attached workers, who have already been granted registration under Rule 26A are sufficient to carry out the headload work in the establishment. nd 2. The 2 petitioner preferred Ext. P5 appeal and 2025:KER:26580 nd the same was rejected by the 2 respondent vide Ext. P6 confirming Ext. P4. In Ext.
P6, the Appellate Authority has observed that, in the nature of the work in the establishment, the attached workers who have already been issued 26A cards are sufficient. 3. The learned Counsel for the petitioners submits that four attached workers referred to Ext. P4 and P6 have left the service of the establishment and the present workers who are having 26A cards are not sufficient to carry out the loading and unloading work in the establishment. nd 4. If that be so, it will be open to the 2 petitioner to make fresh application for registration rd under Rule 26A of the Rules before the 3 respondent rd and the 3 respondent shall consider such application in 2025:KER:26580 accordance with law. All the contentions of the petitioners are left open. With the said observation, the writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ : 6 : 2025:KER:26580 APPENDIX OF WP(C) 35251/2024 THE TRUE COPY OF THE LICENSE BY THE PERAMBRA GRAMA PACHAYATH DATED 11/9/2024.
TRUE COPY OF THE AMENDED GST CERTIFICATE OF THE 1ST PETITIONER DATED 3. 2. 2020. TRUE COPY OF THE 26A APPLICATION DATED 11. 12. 2023 OF THE 2ND PETITIONER. TRUE COPY OF ORDER NO. 58/2023 DATED 27. 9. 2023 OF THE 3RD RESPONDENT. THE TRUE COPY OF THE APPEAL DATED 12. 12. 2023 AGAINST EXHIBIBT-P4 ORDER BEFORE THE 2ND RESPONDENT. TRUE COPY OF ORDER NO. 3141/2023 DATED 4. 1. 2024 OF THE 2ND RESPONDENT. TRUE COPY OF THE ATTENDANCE REGISTER MAINTAINED BY THE 1ST PETITIONER FOR THE PERIOD MARCH 2023 TO NOVEMBER 2023. TRUE COPY OF THE WAGE SLIPS MAINTAINED BY THE 1ST PETITIONER WITH RESPECT TO THE 2ND PETITIONER FOR THE PERIOD MARCH 2023 TO NOVEMBER 2023. RESPONDENTS’ ANNEXURES TRUE COPY OF REGISTRATION CARD OF 1ST IMPLEADING PETITIONER DATED 24. 11. 2022. TRUE COPY OF REGISTRATION CARD OF 2ND IMPLEADING PETITIONER DATED 01. 08. 2015. Annexure A1c TRUE COPY OF REGISTRATION CARD OF 3RD IMPLEADING PETITIONER DATED 15. 01. 2008.
: 7 : 2025:KER:26580 TRUE COPY OF REGISTRATION CARD OF 4TH IMPLEADING PETITIONER DATED 16. 07. 2007. TRUE COPY OF THE ORDER DATED 18. 05. 2022 IN RP No. 88/2022. TRUE COPY OF THE JUDGMENT DATED 11. 01. 2024 IN WA No. 1119/2019. A TRUE COPY OF THE LETTER No. I/1040414/2024 DATED 22. 10. 2024 SENT BY THE CHAIRMAN OF RESPONDENT BOARD TO THE PROPRIETOR OF THE 1ST PETITIONER ESTABLISHMENT. TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 09. 10. 2024. TRUE COPY OF THE ORDER OF THE DEPUTY LABOUR OFFICER DATED 25. 10. 2024. TRUE COPY OF THE ORDER OF THE DISTRICT LABOUR OFFICER DATED 08. 11. 2024.
Source: High Court of Kerala. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.