Per S. Sankarasubban, J.

Both these Original Petitions are filed against the same order passed by the Chairman, Kerala Headload Workers Welfare Fund Local Committee, Kozhikode dated 26.11.1999. The above order is produced as Ext. P2 in O.P. No. 5266 of 2000 and produced as Ext. P3 in O.P. No. 1653 of 2000. In O.P. No. 1653 of 2000, petitioners are transporting and handling contractors and forwarding agents. Petitioners in O.P. No. 5266 of 2000 are two employees union and two members of the unions. Short facts in these cases are as follows :

There are three railway yard houses/goods sheds in Calicut. They are one at Kallai, one at Kozhikode and one at West Hill. The work load in both Kallai and Calicut stations is high. But the Railways have decided to expand the goods shed at West Hill with the result most of the handling of goods will be at West Hill. The railway goods shed is an establishment coming under the Kerala Headload Workers Act. The Committee under the headload workers of Calicut railway goods shed passed a resolution that as soon as there will be more work at West Hill goods shed and comparatively less work at Calicut and Kallai railway goods sheds, 100 headload workers will be transferred to Calicut and Kallai stations which are respectively balled as Pool 1A and Pool 1B. Ext. P2 in O.P. No. 5266 of 2000 and P3 in O.P. No. 1653 of 2000 show that the workers have been transferred from Pool IA and Pool 1B to the Pool at West Hill which is called as Pool IE. In the West Hill, there are 24 headload workers. Petitioners in O.P. No. 1653 of 2000 have claimed that they have got permanent registered workers. The contention taken is that the Committee has no power to transfer the employees from one pool to another pool.Petitioners in O.P. No. 5266 of 2000 are two unions and two members therein. According to them, they also have registered headload workers at West Hill and they should be deployed for the purpose of handling the goods instead of transferring persons from Pool 1A and Pool 1B. The main contention advanced by the Petitioner's counsel Shri Thampan Thomas is that the Chairman, Kerala Headload Workers Welfare Fund Local Committee has no jurisdiction to transfer the workers. The Committee has got power only to pool the workers, but does not give any power to transfer the workers.

The Kerala Headload Workers Welfare Board Kozhikode has filed a counter affidavit in O.P. No. 1653 of 2000 detailing the various facts. It has been stated that the order, Ext. P3 dated 26.11.1999 has been passed by the Chairman on the basis of the resolution of the Committee and hence, there is no want of jurisdiction.

I heard learned counsel for the petitioners Sri Thampan Thomas, Shri A. V. Ramakrishna Panicker for the Kerala Headload Workers Welfare Fund Local Committee, Shri M. C. Cherian for the Railways and Shri M. Ramachandran for the additional 5th respondent.

It is admitted that the Kerala Headload Workers (Regulation and Employment and Welfare) Scheme, 1983 applies to Calicut. The Kerala Headload Workers Act is an enactment passed for the regulation of the employment of headload workers in the State of Kerala and to make provision for their welfare for the settlement of disputes in respect of their employment or non-employment and for matters concerned therewith. S. 18 of the above Act deals with Committees. It says that the Government may, by notification in the Gazette, appoint a Committee for such area and with such name as may be specified in the notification for the purpose of exercising the powers and performing the functions of the Committee under the Act. The Committee shall consist of members representing the employer and employees. Rules have been framed under the Headload Workers Act. R. 24 of the Kerala Headload Workers Rules deals with functions and procedure of the Committee.As already stated, the instant case is governed by the Scheme of 1983. Clause 6(1) of the Scheme says that no headload worker who is not