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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
M.K. Mohanan – Appellant
Versus
The Deputy Labour Commissioner, (Appellate Authority under the Kerala Head Load Workers Act) – Respondent
| Table of Content |
|---|
| 1. petitioner is challenging the legal basis for work allocation. (Para 1) |
| 2. authority contends legality of existing work arrangements. (Para 2) |
| 3. court affirms work allocation cannot be based on union affiliation. (Para 3) |
| 4. court remands matter for fair adjudication and conciliation. (Para 4) |
JUDGMENT
The petitioner is a headload worker. According to the petitioner, he is affiliated to the Indian National Trade Union Congress (INTUC). The petitioner has approached this Court being aggrieved by the fact that, though the petitioner and the other headload workers belonging to the INTUC were engaged in headload work in and around the Wadakkancherry bus stand, the 5th respondent and others owing allegiance to the Centre of Indian Trade Unions (CITU) threatened persons who had provided work to the petitioner and others belonging to the INTUC. It is submitted that in order to resolve the disputes, complaints were filed before the competent authorities, and a conciliation was attempted. It is stated that the conciliation failed, and thereafter the 2nd respondent, through Ext.P4 order, determined that only members of the CITU shall be permitted to work in the disputed area.
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