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 workers.

JUDGMENT

The prayers in the Writ Petitions are as follows:-

WP(C) No.40686 of 2024

A. Call for the records relating to Exts.P90 and connected similar orders and Exts.P92 to P125 and quash them by the issuance of a writ of certiorari or other appropriate writ, direction or order;

B. Issue a writ of mandamus commanding the 1st respondent to allow Exts.P1 to P80 and issue identity cards to the petitioners as per Rule 26(A) (3) of the Rules;

C. Issue a writ of mandamus restraining respondents 2 to 4 from disturbing the work of the petitioners as attached head load workers of their employers in the Urban Wholesale Market Maradu;

WP(C) No.40729 of 2024

A. Call for the records relating to Exts.P25 and connected similar orders and Exts.P27 to P41 and quash them by the issuance of a writ of certiorari or other appropriate writ, direction or order;

B. Issue a writ of mandamus commanding the 1st respondent to allow Exts.P1 to P23 and issue identity cards to the petitioners as per Rule 26(A) (3) of the Rules;

C. Issue a writ of mandamus restraining respondents 2 to 4 from disturbing the work of the petitioners as attached head load workers of their employers in the Urban Wholesale Market Maradu;

2. The learned Senior Counsel appearing for the petitioners submitted that petitioner Nos.7, 9, 11, 16, 17, 22, 23, 28, 36, 37, 38, 39, 45, 51, 57 and 72 in WP(C) No.40686 of 2024 and petitioner Nos. 1 and 19 in W.P.(C) No. 40729 of 2024 are not pressing the Writ Petition. WP(C) No.40686 of 2024 is taken as the lead case.

3. The petitioners are headload workers employed in various shops located at the Agricultural Urban Wholesale Market, Maradu. They submitted applications before respondent No.1 for registration as attached headload workers under the Kerala Headload Workers Act, 1978 ('the Act' for short) r/w Rule 26A of the Kerala Headload Workers Rules, 1981 ('the Rules' for short). Those applications were dismissed by respondent No.1. They preferred appeal before the Appellate Authority (respondent No.9), which were also dismissed. The above- referred orders passed by respondent Nos.1 and 9 are under challenge in these writ petitions.

4. There are around 137 stalls and several traders in the market. Respondent Nos. 6,7 and 8 (in both writ petitions) are the traders. Respondent No.5 is an association of traders in the market. The petitioners are employed by various traders in the market. The market is a scheme-covered area. Pool workers resisted the employment of the petitioners by the traders. It was at this instance, the petitioners submitted Exts. P1 to P80 in WP(C) No.40686 of 2024 and Exts. P1 to P23 in WP(C) No.40729 of 2024 individual applications before respondent No.1 (the Registering Authority).

5. The claim of the petitioners is that they have the right to get the registration applied for as prescribed in Rule 26A of the Rules. The petitioners pleaded that the employers have no objection in granting the registration sought for in favour of them.

6. The Registering Authority dismissed Ext. P1 to P80 applications in WP(C). 40686 of 2024 and Exts.P1 to 23 applications in WP(C). 40729 of 2024. The petitioners challenged the orders of respondent No.1 before the appellate authority (respondent No.9).

7. The petitioners along with 45 others challenged Ext. P80 and connected orders by filing WP(C) Nos. 13067 and 13978 of 2023 before this Court. As per a common judgment dated 10.05.2024, this Court disposed of the Writ Petitions setting aside Ext.P128 and similar or