IMPORTANT POINTS
Rule 26A (2) mandates issue of notice on receipt of an application for registration under Rule 26A to the employers or contractors from whom the headload workers claims work and to the Chairman, Kerala Headload Workers Welfare Fund Board Local Committee, if the area to which registration is applied for is an area where the scheme is in operation, the Assistant Labour Officers, before whom applications for registration is filed shall act strictly in accordance with the mandate of Rule 26A.

V.G.ARUN, J.

The issue which arises for consideration in these writ petitions pertain to the registration of headload workers under the Kerala Headload Workers (Regulation of Employment and Welfare Scheme), 1983 ('the Scheme' for brevity) and pooling and deployment of the registered headload workers.

2. The petitioners and the party respondents in the writ petitions are headload workers having registration and issued with identity cards under Rule 26A of the Headload Workers Rules, 1981. In June, 2017, the Scheme was functionally implemented in the Methala-Udyam Kavala area in Asamannur Grama Panchayat. Thereupon, the petitioners and the party respondents, who were already registered and issued with identity cards under Rule 26A, submitted applications for registration under the Scheme. The Board granted registration to 12 members belonging to the STU (Swathanthra Thozhilali Union), 14 members belonging to the CITU (Centre of Indian Trade Unions) and 5 members belonging to the AITUC (All India Trade Union Congress). Even though 12 members belonging to INTUC (Indian National Trade Union Congress) had submitted applications for registration, that was not granted. The disputes amongst the headload workers belonging to different trade unions arose from that point, leading to the filing of these writ petitions, the necessary details of which are as under: -

(a).W.P.(C) No.2414 of 2018

After functional implementation of the Scheme in the Methala-Udayam Kavala area, the petitioners, five in number, submitted applications for registration and were issued with identity cards under Para 6A(2) of the Scheme. Thereafter, the petitioners were pooled together and their pool allotted with the number 194-C. The petitioners originally belonged to the Headload and General Workers Union of the INTUC, but later shifted their allegiance and joined the AITUC. It is alleged that respondents 4 to 11, who are headload workers belonging to the INTUC and having no registration under Para 6A of the Scheme are obstructing the petitioners from doing loading and unloading work allotted to them. The writ petition is therefore filed seeking police protection for carrying out the headload works allotted to pool No.194-C, without obstruction from respondents 4 to 11 or the members of their union. Respondents 4 to 11 are members of the INTUC, who are having Rule 26A registration, but in spite of applying, have not been registered under Para 6A of the Scheme and consequently, are not included in any pool.

(b).W.P.(C) No.31278 of 2018

The headload workers, who were members of the INTUC and were not registered under the Scheme initially, were subsequently registered pursuant to a direction issued by this Court in W.P.(C) No.4513 of 2018 to consider the claim of the those workers for registration under Para 6A of the Scheme and for inclusion in the pool of workers formulated by the Board for regulating the employment of the headload workers in the area. Thus 12 members of the INTUC were registered under Para 6A of the Scheme and a new pool; Pool No. 194-D, was formed with these workers as members.

In spite of formation of the new pool, the workers were not being allotted work and hence the writ petition was filed by the pool leader seeking a direction to the Board and the Convener of the Perumbavoor Sub Committee to allot or deploy headload work to pool workers in Pool No.194-D in equal terms and in the same manner as is being allotted to Pool Nos.194-A, 194-B and 194-C.

(c).W.P.(C) No. 33544 of 2018

The headload work in Methala-Udyam Kavala area in Asamannur Grama Panchayat was being deployed to the workers in Pool Nos.194-A, 194-B and 194-C on day-to-day turn basis. After the formation of Pool No.194-D, the question arose as to how the work could be divided by including the new pool. A decision was therefore taken by the Board that the 5 members in Pool No.197-C and the 12 members in the newly formed pool No.194-D would be deployed on a single day and that they s