An accident to a workman not only upsets the victim and his family but affects the employer as well. If the victim is a headload worker, who is the affected employer and how to meet the liability of compensation are the issues arising for consideration in these cases.

2. The validity of paragraph 29A of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983 providing for Accident Relief Fund for headload workers is under challenge in these writ petitions. The said paragraph was introduced by way of an amendment to the scheme with effect from Novermber, 2002. The impugned paragraph reads as follows:

"29A. Accident Relief Fund:

(1) Apart from the Welfare levy as a contribution payable to the general welfare fund under paragraph 29 every employer who employs or engages a headload workers on completion of work for a day as additional welfare levy towards the Board. The particulars thereof shall be furnished in 'Form B' or in such other manner as may be specified by the Board from time to time.

(2) Every employer who fails to pay additional welfare levy on the due dates as provided in such paragraph (1) shall be liable to pay a penalty at the rate of 1.5 of the amount due from him per month till is actually paid to the committee.

(3) The additional welfare levy amount received by the committee shall be transferred and credited to the Accident Relief Funs to be maintained by the Board, at the end of each month in the manner specified by the Board.

(4) Failure to make contribution in time to the Accident Relief Fund shall render the employer concerned liable to pay the compensation under the Workmen's Compensation Act, 1923 (Central Act 8 of 1923) by himself as usual and the Board or Committee shall not in any way be liable or accountable to pay compensation in such cases.

(5) The accumulation of the fund may be expended for all or any of the following purposes:

(a) For meeting the liabilities arising out of the claims under the Workmen's Compensation Act. 1923 (Central Act 8 of 1923) in respect of headload workers registered with the committee as per provisions of this Scheme on the basis of the order of the appropriate authority under that Act, including those settled otherwise under intimation to and in consultation with the proper authority in the proper manner.

(b) For meeting the legal and incidental charges incurred by the Board or Committees for defending or conducting cases under the Workmen's Compensation Act, 1923 or such other purpose as may be specified by the Board from time to time.

(6) The Board shall be competent to revise the rate of additional welfare levy payable after considering its financial obligations and other relevant matter once in every three years with the concurrence of the Government.

(7) Every employer who has to get the loading or unloading work carried out for their trade or business in or for an establishment shall be bound to engage or employ the headload workers registered under the Rule or this Scheme as the case may be and shall pay the additional welfare levy or penal contribution whatever necessary to the accident relief fund in respect of the headload workers registered as per this scheme in the manner specified by the Board.

(8) The details of the accidents that occur to headload worker registered under the scheme in for an establishment or the place where the loading and unloading work, is being carried out, shall be reported by that employer in writing immediately to the Committee concerned in the manner specified by the Board and shall also render such further details or records as may be called upon without delay.

3. The main contention of Sri. U.K. Ramakrishnan and Sri. Jaju Babu learned counsel appearing for the petitioners is that the additional welfare levy by the Board is impermissible. Such matters do not fall within welfare levy by the Board is impermissible. Such matters do not fall within the duties and function of the Board. It has no nexus to the object