Engagement of registered workers is mandated under the Kerala Headload Workers Act when loading and unloading occurs, with disputes needing resolution by appropriate authorities.

JUDGMENT

Dated this the 5th day of July, 2022 This writ petition is filed seeking the following reliefs:

“A) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 4 and 5 to afford proper and adequate police protection to the showroom of petitioner at Edappally and life of partners of petitioner, its supervisor, employees and properties of petitioner, Its vehicles and furniture from the threat of the first respondent and its members and their henchmen.

B. Direct the respondents 4 and 5 to take proper and adequate preventive action against first respondent and its members and their henchmen, followers and hired goondas from causing any untoward incident against the partners of petitioner, his supervisor, employees and vehicles and blocking the works and business in the establishment”.

2. Heard the learned counsel for the petitioner, the learned Government Pleader, the learned counsel appearing for the 1st respondent as well as learned counsel appearing for the 2nd respondent Board.

3. It is submitted by the learned counsel for the petitioner that the petitioner is using the premises covered by Exhibit P1 rent deed as a display showroom for furniture cum office and that the furniture is supplied directly from the workshop of the petitioner at Feroke. It is submitted that the furniture is used only for display purposes and that the establishment of the petitioner does not come within the scope of item No.5 of the schedule to the Kerala Headload Workers Act as held by the larger Bench of this Court inTeresa Jose v. Sub Inspector of Police [ 2015 KLT 485 ]. It is, therefore, contended that since the loading unloading work in the establishment is completely casual in nature and which occurs only occasionally, the petitioner is not duty bound to engage the registered workers even if the area is a scheme covered area. On these allegations, the petitioner seeks police protection for the carrying out of the activities without obstruction from the members of the 1st respondent.

4. The learned Government Pleader submits on instructions that though a representation has been submitted before the police by the petitioner, no dispute of any manner has been raised before the DLO, either by the petitioner or by the 1st respondent.

5. The learned counsel appearing for the 2nd respondent submits that the area in question is a scheme covered area and in case loading and unloading activity is to be carried out in the premises, the petitioner has to engage either his own permanent registered workers or the registered headload workers.

6. The first respondent has placed a detailed counter affidavit on record. It is contended that when the petitioner had denied work to the members of the 1st respondent, the matter was taken up before the 2nd respondent and that the petitioner had deployed his staff and some other north indian workers for unloading the furniture. It is stated that the petitioner does not have headload workers and workers in the showroom do not have registration under Rule 26A of the Kerala Headload Workers Rules and as such the petitioner has to engage pool workers having due registration for carrying out the loading and unloading work. It is submitted that the contentions of the petitioner with regard to the activity in the establishment is disputed. It is stated that the petitioner's allegations with regard to obstruction or threat by the members of the 1st respondent is completely unsupported by any material and that the respondents have not obstructed or threatened the petitioner and have only raised a claim in view of the fact that loading unloading work is going on in the premises which, according to them, is an establishment covered under the schedule.

Having considered the contentions advanced and in view of the fact that the petitioner contends that the establishment does not come under item No.5 of the schedule to the Kerala Headload Workers Act as provided under Section 2 (d) of the Act, t