IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 21^ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946 WP(C) NO. 17811 OF 2011 PETITIONERS:

1 MANVILA UNIT OF HEAD LOAD AND GENERAL WORKERS' UNION (CITU), REGD.NO.1467/70, MANVILA, KULATHOOR P.O., THIRUVANANTHAPURAM DISTRICT. REPRESENTED BY ITS SECRETARY - D.VIJAYAN

2 MANVILA UNIT OF THIRUVANANTHAPURAM DISTRICT HEADLOAD WORKERS' CONGRESS (INTUC), REG.NO.378/73, MANVILA, KULATHOOR P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY - KULATHOOR AJAYAN.

BY ADVS.SRI.N.SATHEESH SRI.K.JANARDHANA SHENOY RESPONDENTS:

1 THE APPELLATE AUTHORITY UNDER THE KREALA HEADLOAD WORKERS ACT (REGIONAL JOINT LABOUR COMMISSIONER), KOLLAM-691001.

2 THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM-695001.

3 ASSOCIATION OF INDUSTRIES, REPRESENTED BY ITS SECRETARY - V.K.SHAJI, MANVILA, KULATHOOR P.O., THIRUVANANTHAPURAM DISTRICT-695001.

4 ADDL.R4 IMPLEADED THE CHAIRMAN, THE KERALA HEALD LOAD WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM DISTRICT COMMITTEE, THIRUVANANTHAPURAM-

695 001.

(ADDL R4 IMPLEADED AS PER ORDER DATED 30-11-2022 IN IA

1/2022 IN WP(C)17811/2011.)

BY SENIOR GOVERNMENT PLEADER SRI.JUSTIN JACOB R3 BY ADVS.SRI.GOPAKUMAR R.THALIYAL SRI.KURUPPATH BHASKARAN SRI.M.S.VIJAYACHANDRAN BABU R4 BY ADV.SRI.THOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 21^st day of June, 2024 This Writ Petition has been filed by the Manvila Unit of Head Load and General Workers' Union (CITU) against the orders passed in petition Ext.P4 and P6 by the District Labour Officer, Thiruvananthapuram and Regional Joint Labour Commissioner, Kollam under Section 21(4) and 21 (6) of the Kerala Head Load Worker's Act, 1978 respectively.

2. The Government vide notification dated 16.11-2009 with effect from date of publication i.e. 23.11.2009, brought the entire area of Thiruvananthapuram District including the areas to where the Scheme was already extended under the scheme formulated under the Act and rules made thereunder in respect of the Head Load workers.

3. The third respondent has approached this Court earlier by filing OP No.5833/1990 seeking Police Protection to carry out the head load work in Manvila Industrial estate this Court vide in Judgment dated 09.08.1990 disposed of the said writ petition vide in Ext.P2 order.

4. The Association of industries filed a writ petition No.25810/2009 . This Court disposed of the said writ petition with a direction to the authorities to give effective police protection to the industrial Units situated within Manvila Industrial Estate to carry out loading and unloading activities without interference from the petitioners herein Union.

5. It was also observed that if the members of the Union had any right to continue to be employed as head loaders, they could approach the authority under the Act or Industrial Disputes Act, 1947 as may be advised.

6. After the Manvila Industrial Estate was brought within the scheme in the year 2009, the petitioner approached the District Labour Officer under Section 21(4) of the Kerala head Load Workers' Act. The District Labour Officer considered the prayer of the petitioner Union and recorded that 46 small Industrial units had been functioning in the Manvila Industrial Estate for years. In the 1990s, CITU was the only Union in the said industrial estate. When head load workers of the Union interfered with the work in Industrial Units, demanding that they should be employed for loading and unloading work in the units, the association of industries filed writ petition as mentioned above for Police Protection. The said writ petition was disposed of with direction hereinabove.

7. The management of the industrial estate took a specific plea before the District Labour Officer that the loading and unloading work in each unit was done by the workers of the respective units and according to the industrial policy,