Jawahar Lal Gupta, C.J.

Does the employer have the right to employ persons of his own choice for loading and unloading the goods? This question was answered by a Division Bench of this Court in Ibrahimkutty V. Superintendent of Police, 1991 (1) KLT 829 in the affirmative. Speaking for the Bench, Chief justice Malimath had expressed the view that the right on an employer "to carry on his business by engaging laborers of his own choice cannot be denied to him." This view was reiterated by Chief Justice Jagnnadha Rao (as High Loardship then was) in Kochayyan Subramanian v. Cochin Cadalas (P) Ltd., 1992 (2) KLT 269. It was observed that "on a perusal of the provisions of the Headload Workers Act and the Rules, we do not find any provision therein conferring any preferential right for employment on the registered headload workers, in the absence of any scheme made under Sec. 13". When this matter was placed before the Division Bench, Justice Mohan Kumar had followed the view taken by the two Division Benches. However, Rajendra Babu J. had expressed reservations. Thus, the matter was ultimately referred to a Full Bench.

2. Rahendra Babu, J. has considered the matter. On a perus