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2016 Supreme(Ker) 443

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.T.SANKARAN & A.HARIPRASAD, JJ.
AMMA GRANITES AND TILES REPRESENTED BY ITS MANAGING PARTNER, MR.LENIN P.P., NADAKKAVU, UDAYAMPEROOR - Appellant
Vs.
THE DISTRICT LABOUR OFFICER ERNAKULAM - Respondent
W.P.(C) Nos.17779 of 2016 (V) & 19566 of 2016 (U)
Decided on : 05-08-2016

Advocates Appeared:
FOR THE APPELLANT : SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SRI.MONISHA K.R.
FOR THE RESPONDENT: SRI.C.S. AJITH PRAKASH, STANDING COUNSEL, KERALA HEADLOAD WORKERS WELFARE BOARD., SRI.P.P.THAJUDEEN, SRI.JOHN K.GEORGE, SRI.C.K.SURESH

Headnote:

Kerala Headload Workers Act, 1978 - Sections 2(h), 2(i), 2(m) and 21 - Social and legal protection - Headload workers - Measures for their welfare - Held, Object of the Act is to afford social and legal protection to the headload workers and also to put in place the measures for their welfare - No provision of this Act or the Rules would compel an employer to engage a headload worker having registration under Rule 26A of the Rules

JUDGMENT :

A.Hariprasad, J.

In these writ petitions for police protection, common questions of fact and law arise. We therefore deem it fit to deal with them together. W.P.(C)No.17779 of 2016 is taken as the leading case.

2. Facts, in brief, are as follows: Amma Granites and Tiles represented by its managing partner is the petitioner in W.P.(C) No.17779 of 2016. It is a registered partnership firm. The firm was established in 2013 for doing business in granites and flooring tiles. Its shop and godown are in Udayamperoor in Ernakulam District. Petitioner has secured all the required licences for doing business. Udayamperoor is an area to which the Scheme framed under the Kerala Headload Workers Act, 1978 (in short, "the Act") applies. But, the petitioner's unit is not an "establishment" as defined in Section 2(j) of the Act. The work of loading and unloading in the petitioner's unit is only occasional. Regular staff members in the petitioner's unit could do the same. Therefore, the Act, Rules and the Scheme do not apply to the petitioner's unit. Petitioner's unit is situated at Udayamperoor North, where pool Nos.13 and 13A, constituted under the Scheme, operate. In Udayamperoor North area, there are only five business concerns dealing with granite and flooring tiles. Rates fixed for loading and unloading of granite and tiles by the unions are much higher than the rates fixed by the unions in the nearby areas. In Udayamperoor South area, where other pools of headload workers operate, the rates fixed are much less, despite the fact that both the areas are in the same Panchayat limit. Maradu is a nearby area where similar business concerns are functioning. Rates for loading and unloading in that area is lesser than Udayamperoor North area. Respondents 5 to 8 demanded exorbitant rate for loading and unloading works in the petitioner's business concern. In spite of pointing out the disparity in the rates between Udayamperoor North area and the nearby areas and also seeking reduction in the rate or for fixation of uniform rates, no action was taken by the authorities concerned. Due to the unlawful and unconscionable bargaining put up by respondents 5 to 8, the businessmen in Udayamperoor North area are forced to stop bringing in loads to their premises. Therefore, the petitioner seeks a writ of mandamus or other appropriate writ to the 3rd respondent (Sub Inspector of Police, Udayamperoor) to provide effective protection to the petitioner for smoothly conducting the loading and unloading of granite and tiles without any obstruction or threat from respondents 5 to 8. It is also their contention that they have approached the 1st respondent (District Labour Officer, Ernakulam) for unification of rates. Therefore, he seeks a writ of mandamus or other appropriate writ to the 1st respondent to take a final decision in the proceedings pursuant to Ext.P4 notice within a specified time inter alia other reliefs.

3. 1st respondent filed a statement. It is submitted that wages of the headload workers attached to the shops are fixed as per minimum wages notifications. Wages of other headload workers are fixed through negotiation talks between the employers and employees or through conciliation procedure of the Labour Department. Agreement executed between the employers and workers are binding among themselves and no action could be taken by the Labour Department for violation, if any, of that agreement.

4. 4th respondent (Chairman, Kerala Headload Workers Welfare Board) filed a statement to the effect that the petitioner's business concern is situated in Udayamperoor Grama Panchayat, which is an area where the Kerala Headload Workers (Regulation and Employment) Scheme, 1983 ("Scheme", for short) is implemented. Petitioner is a registered employer under the Board bearing registration No.7619 since 08.08.2015. Petitioner is registered with Thripunithura Sub Office of the Board. Workers of pool Nos.13 and 13A are working in the said area. Petitioner is n








































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