Rights of registered workers affirmed against unlawful obstruction by unauthorized parties.

J U D G M E N T

The petitioner is a partnership firm stated to be engaged, inter alia, in the business of carrying and forwarding, providing private warehouse facilities to Indian and Multinational companies, and other connected activities. The petitioner is before this court, stating that a warehouse situated within the limits of Okkal Grama Panchayat was taken on lease by the petitioner and that loading and unloading activities at that place are being carried out by headload workers permanently employed by the petitioner and holding valid registration under Rule 26 A of the Kerala Headload Workers Rules, 1981 . It is the case of the petitioner that, illegally and without any valid reason, the respondents 3 and 4 created obstructions to the loading and unloading work of the petitioner, stating that they represent the Healdload Workers of the pool in that area and further stating that they are entitled to the work of loading and unloading to the exclusion of the permanent workers of the petitioner.

2. When this matter came up for consideration before this court on

11-11-2024, this court passed the following order:

“Admit.

2. Learned Government Pleader takes notice for respondents

1 and 2. Issue notice to respondents 3 and 4 through speed post.

3. The petitioner to implead the Head Load Workers Welfare Board as a party. Post on 05.12.2024. Till such time, the 2^nd respondent shall ensure that the functioning of petitioner’s establishment is not obstructed by respondents 3 and 4 or their men, if the entire work in the establishment is being carried out by attached registered workers.”

The said interim order has been extended from time to time

3. When the matter is taken up for consideration today, there is no representation for respondents 3 and 4.

4. The additional 5^th respondent (the Healdload Workers Board) has filed a counter affidavit dated 04-03-2025 stating inter alia as follows.-

“5. It is humbly submitted that the area in which the petitioner establishment is functioning, is covered under the Kerala Headload Workers Scheme, 1983 (hereinafter referred to as the scheme). The area falls under the Perumbavoor Sub Office of this respondent board.

6. Pool No. 60A and 60B had been functioning in the area with a total of 14 headload workers. However, Pool 60A has not been functioning since May, 2023 and Pool 60B has not been functioning since April, 2024. Pool 60A has no workers and Pool 60B has only 1 remaining headload worker who has not (sic) produced his work card before this respondent ever since July 2023. Consequentially, the Scheme is non-functional in the area as of now. “

7. It is further submitted that the respondents 3 and 4 are not registered headload workers under this respondent. “

The learned counsel appearing for the additional 5^th respondent submits that though a contrary stand was taken in the earlier counter affidavit, the said stand was not fully correct and the averments in paragraphs 5, 6 and 7 of the counter affidavit dated 04-03-2025 reflect the correct position.

5. Having heard the learned counsel appearing for the petitioner, the learned counsel appearing for the additional 5^th respondent and the learned Government Pleader for official respondents and taking into account the stand of the additional 5^th respondent in its counter affidavit dated 04-03- 2025, this writ petition will stand disposed of confirming the interim order dated 11-11-2024. It is made clear that the police officials need to intervene only if a law and order situation is reported by the petitioner.

Writ petition ordered accordingly.

Sd/-