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2011 Supreme(Ker) 570

R.BASANT, K.SURENDRA MOHAN
M. Nujumudeen – Appellant
Versus
City Police Commissioner of Police – Respondent


Advocates Appeared:
For the Petitioner:B. Mohanlal, S. Saiju, T. Prasad, Advocates.
For the Respondent:Koshy George, SC, KHLWWB, P.B. Suresh Kumar, Leo George, K.P. Sujesh Kumar, M. Sunil, Advocates.

JUDGMENT

BASANT, J.

1. In an area to which the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 (hereinafter referred to the 1983 Scheme), is not made functional, is a headload worker without registration under Rule 26A of the Kerala Headload Workers Rules, entitled to work? Is an employer entitled to employ them? What if any, is the consequence of non registration in such an area where the scheme is not in functional operation? These questions arise for consideration in this case.

2. The facts are simple. The petitioner is an employer. There is headload work in his establishment. His workmen have not taken any registration under Rule 26A. Respondent Nos.5 to 11 represent headload workers in the area. We have no specific input as to whether such workmen represented by respondent Nos.5 to 11 have registration under Rule 26A or not. The petitioner has come to this Court with a grievance that his permanent workmen, who admittedly do not have registration under Rule 26A are being obstructed by respondent Nos.5 to 11 in the performance of headload work done by them. This is not justifiable. Police protection is claimed to enable such permanent workmen without























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