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2012 Supreme(Ker) 342

High Court of Kerala
P.N. RAVINDRAN
V-Star Creations Pvt. Ltd., Rep. By Its General Manager K.Vaidyanathan & Others
Versus
The District Labour Officer, Ernakulam, Kakkanadu, Kochi & Others
WP(C).No. 6912 of 2011 (L)
Decided on: 21-05-2012

Advocates Appeared:
For The Petitioners:V. Santharam, Anto Thomas, Lakshmeesh. S. Kamath, Advocates.
For The Respondents:R1 & R2 - Smt.Anitha Ravinran, Government Pleader, R3 - Koshy George, Sc, Khlwwb, R4 - N. Raghuraj, Advocates.

Headnote:Kerala Headload Workers Rules, 1981, Rule 26-A - Permanent head lord workers to do loading and unloading work is not applicable under the scheme.

Judgment:

1. The first petitioner is a company incorporated under the Companies Act, 1956, having its Head Office at Little Flower Church Road, Elamakkara, Kaloor, Ernakulam, Kochi 682 017. Petitioners 2 to 11 are employees of the first petitioner. In this writ petition the petitioners challenge Ext.P13 order passed by the first respondent allowing an appeal filed by the fourth respondent and setting aside Ext.P3 order passed by the registering authority under the Kerala Headload Workers' Act, 1978, granting registration as headload workers to petitioners 2 to 11 and another, under rule 26A of the Kerla Headload Workers' Rules, 1981. The brief facts of the case are as follows:

2. The first petitioner is engaged in the business of manufacture and sale of clothing and wearing apparel of various types. The first petitioner opened two branches of its business establishment; one at premises bearing door No.49/681 at Puthukkalavattom and another at premises bearing door No.48/1748 at Perumbotta Road, both in Elamakkara. The business activity carried on the said branches is collection and packing of ready made garments for despatch to dealers and business establishments inside and outside Kerala. The first petitioner had engaged a total number of thirty two employees in the two branches referred to above including petitioners 2 to 11 and another by name Mr. P.V. Alex to do the loading and unloading work. Petitioners 2 to 11 and Mr. P.V. Alex, engaged to do the loading and unloading work in the first petitioner's business establishments at Elamakkara, applied to the second respondent for registration under rule 26A of the Kerala Headload Workers' Rules, 1981. Upon receipt of the applications, the second respondent issued notice to the first petitioner employer and respondents 3 and 4.The third respondent filed Ext.P2 objections, objecting to the grant of registration to petitioners 2 to 11 and Mr. P.V. Alex. The second respondent thereafter heard the parties and passed Ext.P3 order dated 15.12.2010 granting registration to petitioners 2 to 11 and Mr. P.V. Alex, head load workers of the first petitioner's establishments, under rule 26A of the Kerala Headload Workers' Rules, 1981. Ext.P4 series of identity cards were thereupon issued to petitioners 2 to 11 and Mr. P.V. Alex. Mr. P.V. Alex was deployed in the premises bearing door No.49/681 at Puthukkalavattom along with petitioners 2 to 5 and petitioners 6 to 11 were deployed in the premises bearing door No.48/1748. Mr. P.V. Alex later resigned to take up employment abroad.

3. Even thereafter, the fourth respondent objected to the first petitioner engaging petitioners 2 to 11 to do the loading and unloading work in its establishments. The first petitioner thereupon filed W.P.(C) No.2252 of 2011 in this Court seeking police protection. By Ext.P5 order passed on 25.1.2011, an interim order of police protection was granted so as to enable the first petitioner to do the loading and unloading work in its establishments at Puthukkalavattom by engaging petitioners 2 to 11. This Court however clarified that the employees covered by the order granting registration will be entitled to work in the establishments only till the registration remains valid. The fourth respondent had in the meanwhile, filed Ext.P6 appeal before the first respondent challenging Ext.P3 order. Upon receipt of notice of the appeal, the first petitioner entered appearance and filed Ext.P8 objections. One of the objections raised was that the workers who have been granted registration, have not been made parties to the appeal. Yet another objection was that the appeal filed by the fourth respondent is not maintainable. Thereupon, the fourth respondent impleaded petitioners 2 to 11 as parties to the appeal and they filed Ext.P12 objections raising various contentions including the contention that the fourth respondent has no right to challenge Ext.P3 order and the appeal filed by the fourth respondent is not maintainable. By E









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