JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. Even after more than four decades, the Kerala Headload Workers Act, 1978 (hereinafter referred to as ‘the Act’ for short) continues to present several issues and vicissitudes in its operation and impact across our State.

2. This Statute was certainly a landmark one when it was brought into force in the year 1980, with the ever so laudable objective of regulating the employment of a hitherto unorganized section of poor and exploited Working Class, who survive exclusively on their physical abilities and brawn. The Act was intended to make provision for the “Headload Workers” and for settlement of disputes relating to their employment or non-employment, as the case may be.

3. The Act certainly did its job well, but with the march of time and technological advances, vexed issues have begun to emerge as to the role of the “Headload Workers” and their contribution, particularly with respect to articles and consignments which are would require specialised care in its handling, including mechanised means.

4. In fact, recognizing the above, the Act was amended in the year 2008, reshaping Section 2(m) thereof, which defines a “Headload Worker” to now mean one