Point of Law: In exercise of the powers conferred under Section 13 of the Act, the Government of Kerala by notification published Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983

ORDER :

Anil K. Narendran, J.

The Special Commissioner, Sabarimala, has filed this Report reporting that a cartel of persons claiming to be the headload workers are causing obstructions to the loading and unloading of Pooja articles and also other articles and goods for providing facilities to the pilgrims in Pampa and Sannidhanam.

2. In the Report, the Special Commissioner has stated that all the activities carried on in Sabarimala, Pampa and Nilackal are to facilitate activities of the temples situated therein and to provide facilities to pilgrims. Pooja articles, raw materials for making prasadam, raw materials for Annadanam, etc., are being transported by the Travancore Devaswom Board, by tractors, from Pampa to Sannidhanam. Since the Board is expected to provide support and facilities to the pilgrims, there are hotels and shops by the Board. The goods and articles for these hotels and shops and also materials for construction activities are being transported by tractors from Pampa to Sannidhanam. A cartel of persons claiming to be the headload workers are obstructing the loading and unloading activities, adversely affecting the transportation of goods and articles to Sannidhanam.

3. Heard the learned Amicus Curiae for the Special Commissioner, Sabarimala, the learned Standing Counsel for the 1st respondent-Travancore Devaswom Board, the learned Senior Government Pleader for respondents 2 and 5 to 8 and also Sri.Siju Kamalasanan, the learned Standing Counsel for additional 4th respondent-Kerala Headload Workers Welfare Board, District Committee, Pathanamthitta.

4. The issue that arises for consideration in this report is as to whether the headload workers under the Kerala Headload Workers Act, 1978 and the Scheme framed thereunder, have any right to claim loading and unloading activities at Sabarimala, Pampa and Nilackal.

5. Kerala Headload Workers Act, 1978 was enacted to regulate the employment of headload workers in the State of Kerala and to make provisions for their welfare, for the settlement of disputes in respect of their employment or non employment and for matters connected therewith. Clause (i) of Section 2 of the Act define ‘employer’ to mean in relation to a headload worker employed or engaged by or through a contractor, the principal employer; (ii) in relation to a headload worker who is not employed or engaged by any employer or contractor, the committee appointed under section 18; and (iii) in relation to any other headload worker, the person who has ultimate control over the affairs of the establishment in or for which the headload worker is employed and includes any other person to whom the affairs of such establishment are entrusted, whether such person is called an agent manager or by any other name prevailing in such establishment. Clause (j) of Section 2 define ‘establishment’ to mean an establishment specified in the Schedule and

6. Clause (m) of Section 2 of the Act define ‘headload worker’ to mean a person employed or engaged directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment or stacking articles, excluding delicate or sophisticated articles, in a vehicle or unloading by sliding using manual labour from a mechanically propelled vehicle or a person who does in connection with the working ports the works like filling of fertilisers in sacks, weighing and stitching of sacks, bundling breaking seals of containers, stacking and includes any person not employed by any employer or contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages, in or from or to a vehicle, or any place in such establishment or stacking articles excluding delicate or sophisticated articles in a vehicle or unloading by sliding using manual labour from a mechanically propelled ve