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Raghul K. R – Appellant
Versus
State Of Kerala Represented By Its Secretary, (Labour & Skills Department) – Respondent
JUDGMENT :
N. NAGARESH, J.
Petitioners 1 to 3 state that they are appointed as headload workers by SARASHH DISTRIBUTORS, of which the 5th respondent is the Managing Partner. The Firm deals with life saving medicines, other pharmaceuticals and supplements. Most of the products dealt with by the Firm are fragile and sophisticated. The petitioners have undergone rigorous training for handling the products.
2. The petitioners submitted Exts.P7, P8 and P9 applications to the 2nd respondent-Assistant Labour Officer seeking registration as headload workers attached to the establishment of the 5th respondent, under Rule 26A of the Kerala Headload Workers Rules, 1981. On receipt of Exts.P7 to P9, the 2nd respondent visited the establishment premises on 27.04.2024. The petitioners and the 5th respondent were present in the premises. The 5th respondent gave a statement to the 2nd respondent to the effect that they require skilled labourers for handling fragile and sophisticated medicines. The 5th respondent stated that the petitioners are trained staff.
3. The 2nd respondent verified Exts.P1 to P3 appointment orders issued to the petitioners. Due to the delay in getting GST registration, the comm
Applications for registration as headload workers can be submitted before the establishment starts functioning; rejection based on non-commencement of business is not legally justified.
Point of Law : If for working as a headload worker in a scheme covered area, registration under R.26A is mandatory, it defies logic as to how for registration under R.26A, respondents 1 and 2 can ins....
Attached headload workers have the right to registration under Rule 26A if they perform substantial loading-unloading work, regardless of pool workers' presence.
The judgment established the right of employees to obtain registration as headload workers, emphasizing the constitutional validity and reasonableness of the registration requirement.
An enquiry would be in line with the rights in connection with registration and employment of headload workers
Permanent employees in scheme-covered areas can apply for registration as headload workers under Rule 26A, and their applications should not be denied solely based on potential competition with pool ....
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....
Employer's decision on the requirement of headload workers in an establishment cannot be faulted.
The Act does not provide blanket protection to existing 'Pool workers' from further registration of other persons, and the Authorities must regulate any potential detriment to the 'Pool workers' in a....
The court allows further opportunity to petitioners for registration under specific labor rules, emphasizing importance of maintaining proper records.
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