Registration as a headload worker requires only willingness to work and employer consent, not prior engagement or experience.

JUDGMENT

The question of registration of an employer's permanent workers as headload workers have yet again come to the fore. The applications of two workers were rejected solely on the reason that the registration, if granted, will have the tendency to affect the work of the existing headload workers. The permanent workers as well as the employer have together preferred this writ petition challenging the orders refusing registration as headload workers.

2. Applications preferred by first and second petitioners for registration as headload workers attached to the establishment of the third petitioner were rejected by Ext.P7 order. As mentioned earlier, the sole reason stated by the second respondent while rejecting the applications was that if registration is granted, it may affect the work of the existing headload workers in the scheme covered area. The appellate authority also by Ext.P8 order rejected the appeal preferred by the petitioners on the same ground and hence this writ petition is preferred, seeking to set aside Ext.P7 and Ext.P8 orders and to direct registration of the first and second petitioners as headload workers and to issue the identity card as provided under Rule 26A of the Kerala Headload Workers Rules, 1981. Police protection is also claimed by the petitioners to carry out peaceful headload work in the business premises of the third petitioner, citing the reason of aggressive and violent members of the union of headload workers.

3. Adv.T.Asaf Ali, the learned counsel for the petitioners vehemently contends that the orders rejecting the application filed by first and second petitioners for registration as headload workers are patently absurd and contrary to the central principles of law laid down by this Court in the decisions inRajeev v. District Labour Officer ( 2010 (4) KLT 783 ) as well as the recent decision inManzoor v. District Labour Officer ( 2021 (5) KLT 554 ). It is also contended that respondents 6 and 7 are very aggressive and if police protection is not granted for doing the loading and unloading work, even after registration of third petitioner’s permanent workers as headload workers, there will be a law and order situation. Petitioners therefore urge this Court to direct the grant of police protection too.

4. On the other hand, Smt. Sabeena P. Ismail, the learned Government Pleader appearing on behalf of respondents 1, 2, 4 and 5, Adv. Thomas Abraham, learned counsel appearing on behalf of 3rd respondent and Adv.M.Sasindran, learned counsel appearing on behalf of respondents 6 and 7, opposed the contentions of the writ petitioners and stated that the registration of first and second petitioners as headload workers will affect the existing workers. Relying upon the pleading in the statement filed on behalf of the third respondent, it was pointed out that first and second petitioners have never been engaged by the third petitioner in his establishment for the purpose of loading or unloading work.

5. This Court had recently held inManzoor v. District Labour Officer (supra) that, registration of a headload worker to the establishment does not depend upon prior work as a headload worker. The only requirement contemplated under the Kerala Headload Workers Act, 1978 (for short 'the Act) and as laid down by this court inRajeev v. District Labour officer and others ( 2010 (4) KLT 783 ) is that the applicant must have the necessary physique to do loading and unloading work. Physique to do loading and unloading work has to be appreciated objectively. When a worker expresses his willingness to work as a headload worker and the owner of an establishment agrees to engage him as a headload worker, the same is sufficient to treat him as a headload worker. 6. In the decision inGangadharan v. Abdul Nasir (2016 (4)

KLT 592), it was held that the existing registered workers have no right to object to the registration of other workers as headload workers. Viewed in the above light and the principles laid down, it is