The main legal principle established in the judgment is the need for effective implementation of legislative provisions, modernization of the industry, and regulation of wages and welfare benefits to address the illegal practice of 'Nokku Kooli' and the challenges faced by headload workers.

JUDGMENT :

1. One would be called an incorrigible fabulist if it were to be said that extortion is legitimate and practiced in a civilized society.

2. But this is exactly what has been going on unobtrusively for the last several years, if not decades, in Kerala, under the inventive euphemism “Nokku Kooli”.

3. It is unclear when “Nokku Kooli” - literally translated to mean “Gawking Charges” - spread its tentacles in our little State; but it is common, admitted and irrefutable knowledge – forcing this Court to have taken judicial notice of it – that it is being practiced, as if it is a matter of entitlement, by various trade Unions and its members.

4. Though mired by lack of clarity, “Nooku Kooli” is indubitably the unintended by-product of a well intended legislation – the Kerala Head Load Workers Act, 1978 (hereinafter referred to as the “Act”, for short).

5. The mid 1950's in Kerala, saw a significant increase in the exploitative tendencies against the “informal sector”, which mirrored the burgeoning of a band of workers increasingly reliant on the vagaries of a globalized capitalist mode of enterprise and production.

6. The dichotomy between “formal” and “informal” sectors came to be acknowledged and the imperative to provide protection to the latter was recognized. Trade Unions began to demand interventions in the informal labour markets and bowing to this, the State responded by actively intervening, through a series of direct and institutional measures.

7. A major component of the “informal sector” was head load work – commonly regarded as a physically demanding work - its workers then being called “Coolies”, conferring them a livelihood dominated by unskilled manual labour. Organizations within the sector, in fact, began in the 1950's, but the localized character of the Unions, coupled with its militant nature, often resulted it in inter-union rivalries, leading to violent agitations, destructive to smoothly running markets.

8. The Government was obviously disturbed by the series of disruptive strikes and thus was persuaded to quell the near state of anarchy, by legislating the “Act”, designed to “regulate the employment of Headload Workers in the State of Kerala and to make provision for their Welfare, for the Settlement of Disputes in respect of their Employment or Non-Employment”.

9. The “Act” was followed by the inception of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 ('the Scheme', for short), which aimed at the constitution of the Kerala Headload Workers Welfare Fund Board ('the Welfare Board', for short), to institutionalize the contractual relations of the employers and “Headload Workers”. The Welfare Board is a representative body, with members nominated by the Government, employers and the Trade Unions.

10. The “Act” has specific provisions for the manner and mode of employment of the “Headload Workers”; redress in the case of violation and denial of employment; as also for reduction of physical strain involved in the loading and unloading works.

11. However, even with all these provisions being in place and operating on a near satisfactory level, allegations and complaints of Trade Union militancy continue, particularly with the advent of mechanized forms of loading and unloading, which was perceived to reduce legitimate opportunities to the “Headload Workers”.

12. This was the beginning of the concept of “Nooku Kooli”, which literally construe that the “Headload Workers” and Unions will continue to be paid, even without any work being given to them or incapable of being offered to them; and over the years, this became almost a way of life.

13. What I said above is irrefutable, because as early as in the year 2012, the State Police Chief of Kerala issued Circular No.7 of 2012 dated 26.03.2012, declaring the demand for “Nokku Kooli”, accompanied by either an express or implied threat of criminal use of force, to be a violation of several laws, including Sections 383, 503 and 149 of the In