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2012 Supreme(Ker) 300

R.BASANT, K.SURENDRA MOHAN
V. P. Sajeendran – Appellant
Versus
Secretary, C. I. T. U. Ayarkunnam Unit, Kottayam District – Respondent


Advocates Appeared:
For the Petitioner:Mansoor. B.H., Advocate.
For the Respondents: Koshy George, Sc, Khlwwb, Smt. Sunitha Vinod, Govt. Pleader.

Judgment :-

Basant, J.

(i) Is Entry No.13 of the Schedule of the Kerala Head Load workers Act, 1978 (for short 'the Act') valid, legal and constitutional? Is there objectionable transgression by the State legislature into the legislative province earmarked exclusively for the Parliament under Entry Nos.5 and 53 of List 1 of Schedule 7 of the Constitution?

(ii) Are the trained employees (distribution boys) of the petitioners performing the work of loading and unloading of LPG cylinders in the godowns of the petitioners only as incidental and ancillary to their work as distribution boys? Can they be held to be workers answering the definition of 'headload worker' under Sec.2(m) of the Act?

(iii) Are the headload workers represented by the respondents/unions entitled to demand such work of loading and unloading of LPG cylinders in the godowns of the petitioners?

(iv) Are directions liable to be issued under Art.226 of the Constitution obliging the respondents/police officials to afford police protection to the petitioners to get the loading and unloading work of LPG cylinders in their godowns done by employing their distribution boys who have admittedly not registered themselves as l



























































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