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K.A.ABDUL GAFOOR
AMMINI KARNAN – Appellant
Versus
DISTRICT LABOUR OFFICER – Respondent


Advocates Appeared:
For the Appellant : M.M. Abdul Aziz and Babu Karukapadath
For the Respondent: K. Balakrishnan and H.B. Shenoy

JUDGMENT :

K.A. Abdul Gafoor, J.—The petitioners in these cases are conducting rice mills. The petitioners in O.P. No. 20627 of 1996 are challenging exhibit P- 11 and exhibit P-14 orders. Exhibit P-11 is an order passed by the conciliation officer in terms of Section 21 (4) of the Kerala Head Load Workers Act, 1978 (Act 20 of 1980)(hereinafter referred to as "the Act"). Exhibit P-14 is the order passed by the appellate authority u/s 21(7) of the Act in an appeal filed by the petitioners against exhibit P-11. The petitioners in O.P. No. 202 of 1997 challenge exhibit P-4 and exhibit P-7, similar orders passed by the respective authorities in their case. The respondents in these two cases are the same. The petitioners also seek a declaration that they have fundamental right to employ workers of their own choice to do all the works including loading and unloading in their rice mills. I will deal with O.P. No. 20627 of 1996, the decision will have a bearing on O.P. No. 202 of 1997.

2. The petitioners submit that they have their own workers employed in their rice mills to do all works including the head load work. When they have such permanent employees they are not liable to employ the he

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