BY AD v. B.ASHOK SHENOY
Case at a glance
- Decided
- 24 Jan 2024
- Bench
- AMIT RAWAL MRS C S SUDHA, ADVS, ANIL K NAIR, GEORGE
Provisions considered
- Kerala Head Load Workers Act, 1978 r. 26A
- Headload Workers Act s. 2(m)
- Constitution of India art. 21
Key paragraphs
- Para 77. It is now settled law that if workers specialized in performing a particular duty are working under the employment of the 8th respondent employer, the employer cannot be forced to take the assistance of the workers falling in a pool area attached to the…
Judgment
THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WA NO. 1586 OF 2021 AGAINST THE JUDGMENT IN WP(C) 17181/2020 OF HIGH COURT OF APPELLANTS/RESPONDENTS 4 TO 6: KERALA 1 2 3 R.VIKRAMAN, AGED 54 YEARS S/O.RAMANKUTTY, VYSHANAVOM HOUSE, KULATHINKARA DESAM, MYLAKARA P.O., THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695 572 (POOL LEADER/CONVENER - BMS) SREEKUMAR, S/O.VELAYUDHAN, "KARTHIKA" HOUSE, KOTTAMPALLY DESAM, AMALATHINKALA P.O., KATTAKADA, THIRUVANANTHAPURAM, PIN CODE - 695 572. (CONVENER - INTUC). VASUDEVAN NAIR, S/O.KESAVAN NAIR, "VASUDEVAM" HOUSE, KATTAKADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695 572. (CONVENER - CITU) . BY ADVS. ANIL K.NAIR GEORGE J.NALAPPAT RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 3: 1 2 MANIRAM MANDAL, AGED 28 YEARS SON OF GOBINDA MANDAL, MANDAPUR, BABUPUR, MISHIPUR, MUDAPUR, GAZOLE, MALDA, WEST BENGAL-732 124. SHAMEEM S., AGED 25 YEARS SON OF SALIM, SN MANZIL, KADAMBARA, Writ Appeal Nos. 1585 and 1586 of 2021 4 3 4 5 6 7 8 9 10 11 POOZHANADU P.O., THIRUVANANTHAPURAM-695 125. SANTHOSH MANDAL, AGED 23 YEARS, SON OF BHIKU MANDAL, KHEJURIYE GHAT, ROTIRAM TOLA, JAGANNATHPUR, KHEJURIAGHAT, MALDAH, WEST BENGAL-732 127. TAJAMUL SEKH, AGED 21 YEARS, SON OF TAIMUR SEKH, SURYADIGHI KHORD BABUPUR, HATIMARI, MALDA, GAZOLE, WEST BENGAL-732 124. AL AMMEN A, AGED 28 YEARS, SON OF ANEEHSA, MOOLAMKODUVEEDU, POOZHANDU, OTTASEKHARAMANGALAM, THIRUVANANTHAPURAM-695 125. AJITH N J., AGED 20 YEARS SON OF JAYAN.C., ANJALI BHAVAN, MUAMMOODU, POOVACHAL P.O., VEERANAKAVU, THIRUVANANTHAPURAM-695 575. SAJEER S, AGED 29 YEARS, SON OF SHAMSUDEEN, EDAVILAKATHU PUTHEN VEEDU, POOZHANADU P.O., THIRUVANANTHAPURAM-695 125. ANEESH.A, PROPRIETOR, LIYA TRADERS, XVIII/307, KATTEKKODE ROAD, KATTAKADA, THIRUVANANTHAPURAM-695 572. THE DISTRICT LABOUR OFFICER, CIVIL STATION , KOLLAM-691001 ASSISTANT LABOUR OFFICER, OFFICE OF THE ASSISTANT LABOUR OFFICER, REVENUE TOWER, NEDUMANGAD P.O., THIRUVANANTHAPURAM-695 541. KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM DISTRICT COMMITTEE, KAUSTHUBHAM COMPLEX, CHENTHITTA, THIRUVANANTHAPURAM-695 036. BY ADVS. B.ASHOK SHENOY ADVOCATE GENERAL OFFICE KERALA K.A.MANZOOR ALI P.S.GIREESH Writ Appeal Nos. 1585 and 1586 of 2021 5 SR.G.P. SHRI BIMAL K NATH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
24.01.2024, ALONG WITH WA.1585/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Writ Appeal Nos. 1585 and 1586 of 2021 6 AMIT RAWAL & C.S.SUDHA, JJ. ------------------------------------------------------- Writ Appeal Nos. 1585 and 1586 of 2021 ---------------------------------------------------- Dated this the 24th day of January, 2024 Amit Rawal, J. J U D G M E N T Two intra court appeals have been filed against the judgment dated 29/10/2021 rendered in W.P(C) No.17181/2020; W.A.No.1585/21 on behalf of the Kerala Head Load Workers Welfare Board and W.A.No.1586/21 by respondents 4 to 6 in the writ petition.
The facts in brief are that the party respondents, respondent Nos.1 to 7 who have been discharging duty of the head load workers, with no objection from the employer respondent No.8 who is carrying on business under the name and style 'Liya Traders', submitted application for registration under the provisions of Rule 26A of the Kerala Head Load Workers Act, 1978. The area of respondent no.8 is falling under the scheme declared under the Headload Workers Act and Rules framed thereunder. The local head load workers registered with the Board and Unions were causing obstruction in carrying on their duty much less hovering and showering abuses but was not given Writ Appeal Nos. 1585 and 1586 of 2021 7 any succor despite having made complaints. In order to overcome the hurdle an application in Form-IX was submitted. The Assistant Labour Officer vide Ext.P1 order dated 26/10/2019 rejected the application.
Appeal was preferred before the District Labour Officer, Thiruvananthapuram and the same was also dismissed vide Ext.P3 order dated 10/02/2020. Reliance was also made to Ext.P5 register of the Employment and Wages maintained under Rule 27(i) in Form V. Learned Single Judge noticing the contention and case law on the point allowed the writ petition ordering the Labour Officer to register the application. This Court vide order dated 07/12/2021 directed the Assistant Labour Officer to submit a report with regard to the actual status. From the report submitted, it has been found that except one of the respondents, that is, 8th respondent, all other party respondents are working and discharging the duties of the Headload Workers and the registration in their names have already been issued as per the judgment of the learned Single Bench and cards have also been issued.
Mr.Thomas Abraham, learned counsel appearing on Writ Appeal Nos. 1585 and 1586 of 2021 8 behalf of the Board submits that learned Single Judge has not taken into consideration the provisions of the sub Rule provided under Rule
The Board can always cancel the registration on acquiring the knowledge of fraud or misappropriation, for, employer had not been maintaining the register in case such applications are accepted and registration granted, it would seriously prejudice the working of the unions and registered with the Board. The judgments relied upon are no longer good law in view of the subsequent judgments.
On the other hand, the learned counsel appearing on behalf of the party respondents supported the impugned order and submitted that there is no substance in the appeal and urged this Court for dismissal of the same.
“Headload worker” has been defined under Section 2(m) of the Headload Workers Act, the same reads as under- “ Section 2(m) “head load worker” means a person employed or engaged directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or persons or in a trolly any article or articles in or from or to a vehicle or any place in such establishment or stacking articles, excluding delicate or sophisticated articles, in a vehicle or unloading by sliding using Writ Appeal Nos. 1585 and 1586 of 2021 9 manual labour from a mechanically propelled vehicle or a person who does in connection with the work in ports, the works like filling of fertilizers in sacks, weighing and stitching of sacks, bundling, breaking seals of containers, stacking and includes any person not employed by any employer or contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages in or from or to a vehicle, or any place in such establishment or stacking articles excluding delicate or sophisticated articles in a vehicle or unloading by sliding using manual labour from a mechanically propelled vehicle but does not include a person engaged by an individual for domestic purposes.”
It is now settled law that if workers specialized in performing a particular duty are working under the employment of the 8th respondent employer, the employer cannot be forced to take the assistance of the workers falling in a pool area attached to the various trade unions. If such practices permitted or ignored, it would entail into violation of Article 19 as well as Article 21 of the Constitution of India. Assistant Labour Officer's report reveals that except one of the respondents, that is, second respondent Mr.Shameem S., other party respondents are working under the employment of the employer. The contention that the employer has not maintained the register of employment does not merit acceptance Writ Appeal Nos. 1585 and 1586 of 2021 10 in view of Ext.P5 which reveals that the same have been maintained in Form V. It is totally incomprehensible as to how and in what manner the Board would be aggrieved of such order as, if construed minutely would affect the already registered head load workers working under the scheme.
It is not the case that the application has been submitted to the Board for registration under the scheme. Independent employment of the head load workers if not registered with the scheme cannot be denied registration in the absence of any deterrent provisions under Rule 26A of the Act, which reads as under: “26A. Registration of Headload Workers:- (1) Any head load worker may submit his application for registration in Form IX to the Registering Authority concerned, with as many additional copies as there are employers or contractors from whom he claims to work. (2) On receipt of such application the Registering Authority shall issue notice in Form X to the employers or contractors from whom the head load worker claims work and in area where the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 is in operation, to the Chairman, Kerala Headload Workers Welfare Board Local Committee in such area with copy of the application inviting objections, if any, on such application.
(3) After considering the objections, if any, received Writ Appeal Nos. 1585 and 1586 of 2021 11 and after giving an opportunity of being heard, the Registering Authority shall register the name of the head load worker in the Register of Headload Workers, on being satisfied that the head load worker is eligible for registration and communicate the fact to the parties within two weeks of such registration. The Registering Authority shall also issue identity card to the registered head load worker in Form XI. If the name is not registered, the Registering Authority shall communicate the fact to the applicant with reason therefor. (3A) Where the identity card of registration granted to a head load worker under sub-section (3) is defaced or accidentally lost or irrecoverably destroyed, he shall apply for a duplicate identity card along with two copies of recent photograph and a fine of Rs.25 (Rupees twenty five only) to the Registering authority concerned.
The Registering authority may after making necessary enquiries and satisfying himself of the genuineness, issue a duplicate identity card. (4) The registration of the person as head load worker may be cancelled by the Deputy Labour Officer or the District Labour Office concerned or where there is no post of Deputy Labour Officer in that District Labour Office, by the Asst. Labour Officer Grade I after satisfying himself on a report from Registering Authority that the Registration has been obtained by fraud or mistake. Provided that not less than one months' previous notice in writing specifying the ground on which the registration is proposed to be cancelled shall be given by the authority empowered to cancel the registration to the head load worker, before the registration is cancelled.” Writ Appeal Nos. 1585 and 1586 of 2021 12 We are of the view that the judgment of the learned Single Bench directing the Labour Officer to register the head load workers who have been registered as per the report of the Assistant Labour Officer, do not suffer from any illegality or perversity and no ground for interference is made out. Writ appeals are accordingly dismissed. Sd/- AMIT RAWAL JUDGE Jms Sd/- C.S.SUDHA JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Kerala Head Load Workers Act, 1978 — r. 26A; Headload Workers Act — s. 2(m); Constitution of India — art. 21.
Which court decided this case, and when?
Kerala High Court, on 24 Jan 2024. The bench was AMIT RAWAL MRS C S SUDHA, ADVS, ANIL K NAIR, GEORGE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.