JUDGMENT :

Jagannndha Rao, C.J.—This is yet another case where workmen claiming to be registered under the Kerala Headload Workers Act, 1978, go on obstructing industrialists and other persons who run their own shops or industries by claiming that such industrialists or other owners should not have the choice of engaging their own workmen. We are clearly of the view that if any industrialist or an employer wants to employ his own workmen for the purpose of running his industry or for the purpose of his shop or other organisation, he has a right to engage workers of his choice and this right falls clearly under Article 19(1) of the Constitution of India. The Kerala Headload Workers Act, 1978, is, in no way, intended lo interfere with the said right. If, however, the employer or the person who starts industry is unable to secure workmen of his choice, then, it is open to him to take the services of the headload workers registered under the Headload Workers Act, 1978. However, if the employer or other person who starts industrial business has his own band of workmen, we are unable to see how he can be prevented from employing the workmen of his choice.

2. A Division Bench of this Court