Jagannadha Rao, C.J.

This is yet another case where workmen claiming to be registered under the Kerala Headload Workers Act, 1978 go on obstructing industrialists and other persons who run their own shops or industries by claiming that such industrialists or other owners should not have the choice of engaging their own workmen. We are clearly of the view that if any industrialists or an employer wants to em ply his own workmen for the purpose of running his industry or for the purpose of his shop or other organisation, he has a right to engage workers of his choice and this right falls clearly from Art.19(1) of the Constitution of India. The Kerala Headload Workers Act, 1978 is, in no way, intended to interfere with the said right. If, however, the employer or the person who starts industry is unable to secure workmen of his choice, then, it is open to him to take the services of the headload workers registered under the Headload Workers Act, 1978. However, if the employer or other persons who starts industrial business has his own band of workmen, we are unable to see how they can be prevented from employing the workmen of his choice.

2. A Division Bench of this Court co