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2024 Supreme(Ker) 241

AMIT RAWAL, C. S. SUDHA
K. Rasheed – Appellant
Versus
A. Balakrishnan S/o P. Arjuna Reddiar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : P. Rahim, P.A. Joseph, Padmalayan P.P.
For the Respondents: S. Krishna Moorthy, T.S. Harikumar, T.K. Vipindas, S. Krishnamoorthy, Sahasranaman P.B.

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

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