Whether the existing Headload Workers in an area can claim a right to be heard, in the matter of consideration of an application for registration of another, as a Headload Worker?

This is the question that arises for determination in this writ petition.

2. The brief facts of the case are the following:

The petitioners have filed this writ petition complaining of the delay in granting registration to them under the Kerala Headload Workers Act, 1978 ('the Act' for short). According to the petitioners they have submitted Ext.P1 to P25 applications for getting themselves registered as Headload Workers under Rule 26A of the Kerala Headload Workers Rules 1981 ('the Rules' for short). The petitioners seek the issue of appropriate directions for the consideration of their applications expeditiously.

3. As per order in I.A.No.10125/2012 additional respondents 2 to 4 have got themselves impleaded in the writ petition. Additional respondents 2 to 4 are existing Headload Workers of the area. They have already obtained registration under the Act and Rules. They oppose the grant of registration to the petitioners. According to them, they are also entitled to be heard before final orders are passed on the applications for registration submitted by the petitioners.

4. The learned Government Pleader on instructions submits that objections of the Kerala Headload Workers Welfare Board, Local Committee have been sought, in the matter of granting registration to the petitioners. As soon as objections are received, they would be considered and appropriate orders would be passed on the applications, it is submitted.

5. In view of the claim of the existing Headload Workers that they have a right to be heard in the matter, arguments were advanced by the respective counsel, specifically on the point. I have also been taken through the various provisions of the Act and the Rules. Sub Rules 2 and 3 of Rule 26A prescribe the procedure to be followed before granting registration to Headload Workers. Sub Rules 2 and 3 are extracted hereunder for convenience of reference:

“26A. Registration of Headload Workers:-(1) [Any headload worker may] submit his application for registration in Form IX to the Registering Authority concerned, with as many additional copies as there are employers or contractors from whom he claims to work.

[(2) On receipt of such application the Registering Authority shall issue notice in Form X to the employers or contractors from whom the Headload Worker claims work and in area where the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 is in operation, to the Chairman, Kerala Headload Workers Welfare Board Local Committee in such area with copy of the application inviting objections, if any, on such application.]

(3) After considering the objections, if any, received and after giving an opportunity of being heard, the Registering Authority shall register the name of the headload worker in the Register of Headload Workers, on being satisfied that the headload worker is eligible for registration and communicate the fact to the parties within two weeks of such registration. The Registering Authority shall also issue identity card to the registered headload worker [in Form XI]. If the name is not registered, the Registering Authority shall communicate the fact to the applicant with reasons therefor.

6. A reading of Sub Rules 2 and 3 above, shows that the Registering Authority has to issue notices to the employers and contractors from whom the Headload Worker claims work. With respect to an area to which the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983, ('the Scheme' for short) is applicable, notice is required to be issued to the Chairman, Kerala Headload Workers Welfare Board, Local Committee also. Copies of the applications for registration submitted by the Headload Workers are to be supplied to all the persons to whom notices are to be issued as stated above and their