The court clarified the circumstances in which police protection may be granted in disputes under the Kerala Headload Workers Act, 1978, and emphasized the registration requirements for headload workers, including permanent workers, under the Act, Rules, and Scheme.

K,K.Usha, J.

The above Original Petitions are referred for consideration of a Bench of three judges as per reference order dated. 7.1.1997 which reads as follows:

"Heard. In all these cases, a common question is involved regarding police protection under the Headload Workers Act. It was represented on behalf of the Bar that considering the importance of the matter, the question involved in these cases may be decided by a Larger Bench.

We have considered the suggestion of the Bar and, accordingly, direct that these matters will be posted before a Bench of three judges on 14th January, 1997. The learned Advocate General has taken notice and has agreed to assist the court on that day."

2. After hearing both sides, we are given to understand that the reference was necessitated in the light of a different view expressed by a Bench of this Court in Sathyan S. v. Sunila Sudhakaran & Ors., ILR 1997 (1) Kerala 549 in the matter of grant of police protection when a dispute arises regarding engagement of headload workers. Even though the Division Bench dismissed the appeal against the judgment of a learned single judge granted police protection to an employer when a dispute arose regarding unloading of goods in his business premises, certain observations were made in the judgment to the effect that all such disputes should be resolved within the machinery provided under the Kerala Headload Workers Act, 1978 and no order for police protection shall be granted. Counsel appearing on both sides submitted before us that the above view is in conflict with the consistent view expressed by this Court in a series of decisions from 1989 onwards.

3. We heard learned Advocate General also. He submitted that certain aspects of the provisions of the Kerala Headload Workers Act, 1978 which had not come up for direct consideration in the earlier judgments, are also to be clarified, since the entire matter is being considered by a Larger Bench.

4. The Kerala Headload Workers Act, 1978 (Act 20/80) (hereinafter referred to as 'the Act'), came into effect on 3.10.1980. The object of the Act was to regulate 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. The term 'headload worker' is defined under S.2(m) of the Act as follows:

"(m) "Headload worker' means a person 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 person or in a trolley any article or articles in or from or to a vehicle or any place in such establishment, 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 trolley any article or articles for wages, but does not include a person engaged by an individual for domestic purposes."

Section 20) defines the term 'establishment' as an establishment specified in the Schedule and includes the precincts thereof. Chapter IX of the Act deals with registers and records to be kept in connection with working of the provisions of the Act. It provides that an authority or officer shall maintain a register of headload workers working within its or his jurisdiction. S.28 mandates that every employer shall maintain such registers and records as may be prescribed. Ch.IV of the Kerala Headload Workers Act, 1981 contains provisions for maintenance of registers and records. R.26 provides that Asst. Labour Commissioner shall be the authority to prepare the register of headload workers working in the area within his jurisdiction and he shall keep the register in Form No. VI. R.26A provides for the manner in which applications are to be made by the headload worker for getting registered. R.26B is regarding registration of dependents of workers dying-in-harness and R.26C contains provisions for appeal. As per R.27, every