AMIT RAWAL, C. S. SUDHA
K. Rasheed – Appellant
Versus
A. Balakrishnan S/o P. Arjuna Reddiar – Respondent
JUDGMENT :
AMIT RAWAL, J.
1. Employers, dealing with the business of electronic equipments and appliances which are delicate and sophisticated as per the Explanation II to Section 2(m) of the Kerala Headload Workers Act, 1978, employed different set of employees for undertaking the work but the Unions in the scheme area registered with the Board obstructed giving cause to the employers to approach this Court in writ petition Nos.28462 of 2020, 12363 of 2021 and 13779 of 2021. Few of the other petitioners were dealing with mobile phones, electronic equipments and appliances.
2. Learned Single Judge considering the predicament of the petitioners, allowed the writ petitions by permitting the employers to engage their own specialized workers, then from the Union in the scheme area and also issued directions to provide police protection. Appeal has been preferred by members of the Union against the common judgment rendered including W.P No. 28462/2020 inter alia by raising a question of law that the home appliances such as television, refrigerator, microwave oven, electronic kitchen ranges, mobile phones, electronic tabs etc., are not delicate and sophisticated items as claimed by the writ
Balakrishnan A. vs. Circle Inspector of Police, North Police Station, Alappuzha and Others
Safa System and Solutions vs. Station House Officer, Palarivattom and Others
Establishments are free to employ skilled and semi-skilled persons for dealing with delicate and sophisticated articles, and any prevention or obstruction to this would lead to infringement of the ri....
Employers must engage registered headload workers with requisite skills for loading and unloading tasks in scheme-covered areas, as per the Kerala Headload Workers Act.
Mobile phones and electronic equipments/appliances/ devices are “delicate and sophisticated” within the umbra of the Explanation to Section 2(m) of the Act, it would not require this Court to conside....
The court affirmed that the classification of goods under specific employment regulations requires factual determination by the appropriate authority.
A petitioner must seek resolution through competent authority regarding duties towards headload workers before seeking judicial intervention.
Point of Law - Every person has a fundamental right under Article 19(1)(g) to carry on any occupation and the same can be subjected only to reasonable restrictions under Article 19(6) of the Constitu....
Employers have the right to engage skilled workers or machinery as per Section 9A of the Kerala Headload Workers Act.
The court affirmed that under the Kerala Headload Workers Act, workers cannot demand engagement for tasks using sophisticated machinery due to safety concerns.
Registration as a headload worker requires only willingness to work and employer consent, not prior engagement or experience.
An enquiry would be in line with the rights in connection with registration and employment of headload workers
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