The efficacy of employment registration procedures under the Kerala Head Load Workers Act, emphasizing prompt resolution by the Assistant Labour Officer.

JUDGMENT

The petitioner, which is stated to be a company registered under the Companies Act, says that they are engaged by different companies for “Logistical Solutions and Warehousing Facilities” in the businesses operated by the KINFRA at North Kalamassery. They say that they have engaged their own trained and skilled workers because, the articles are extremely delicate and sophisticated; and that all of them have applied for registration as per Rule 26A of the Kerala Head Load Workers Rules (for short, 'the Rules'), which are still pending.

2. The petitioners say that even though their employees are now carrying on the work without any cause for concern, they are now being obstructed by the party respondents, with a demand that they be substituted in their place, since they are workers of the statutory pool maintained by the 9^th respondent - Headload Workers Welfare Fund Board, under the provisions of the Kerala Head Load Workers Act (for short, 'the Act'). They assert that non-trained persons can never be engaged for the purpose of loading and unloading the articles in the warehouses; and hence that they were constrained to approach the respondent - police officers seeking protection, which has, however, not been granted on specious reasoning, thus constraining them to approach this Court through this writ petition.

3. Before I move forward, I see that this matter has been pending before this Court for merely four years now.

4. On 04.03.2020, at the stage of admission, a learned Judge of this Court passed the following interim order:

“Admit. Notice by special messenger to respondents 4 to 8. Learned Government Pleader takes notice for respondents 1 to 3. Learned Standing Counsel takes notice for the 9th respondent.

2. The petitioner is an establishment having registered employees for loading and unloading activities. Ext.P2 series are the identity cards issued under Rule 26A of the Kerala Headload Workers Rules . This is for North Paravur area. This Court, in several judgments, held that registration is vis-a-vis establishment wise and not by area wise. Therefore, there may not be difficulty in petitioner engaging registered workers in any of the branches or godown belonged to the establishment. However, this shall be intimated to the Assistant Labour Officer of the jurisdiction concerned other than where they have originally registered. Therefore, the petitioner is directed to initimate the Assistant Labour Officer of the jurisdiction concerned before engaging them.

In the light of the fact that the petitioner is having registered employees, the Police shall give necessary Police protection to the petitioner to engage registered employees for loading and unloading activities in the industrial park at Kalamassery. The petitioner shall also intimate the Assistant Labour Officer, Thrikkakkara about engagement of such headload workers.

Post on 11.03.2020.”

5. Thereafter, another order dated 11.03.2020 were issued as under:

“The Assistant Labour Officer shall ensure that the petitioner engages only Rule 26A card holders in the Industrial Park at Kalamassery. He shall also file a report about the nature of the loading and unloading works undertaken by the petitioner and whether the petitioner is employing any workers other than Rule 26A card holders. The Assistant Labour Officer shall file the report touching all the aspects by 25.3.2020.

Post on 26.3.2020.”

6. Subsequently, on 22.11.2023, another learned Judge directed the petitioner to produce the Wage Register, Muster Roll and every other document qua their employees holding 26A card before the Assistant Labour Officer (ALO), wi