IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8^TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO.40470 OF 2024 PETITIONER:

POPULAR TRADERS GODOWN BUILDING NO.CP 18/130B, KONDOTTY ROAD, EDAVANNAPPARA, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER A.V.NOORUDHEEN S/O.BEERAN KOYA, AGED 65 YEARS, PIN - 673640 BY ADV.R.RAMADAS RESPONDENTS:

1 THE DISTRICT LABOUR OFFICER OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, MALAPPURAM, PIN - 676101

2 THE ASSISTANT LABOUR OFFICER KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638

3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS SECRETARY / EXECUTIVE OFFICER, MALAPPURAM DISTRICT COMMITTEE, 1ST FLOOR, INDIRA GANDHI BUS TERMINAL BUILDING, KACHERIPADY, MANJERI, MALAPPURAM, PIN - 676121

4 HEADLOAD WORKERS' UNION REPRESENTED BY ITS GENERAL SECRETARY ALI.N, OPP.

MAX FOOTWARE, EDAVANNAPARA JUNCTION, KONDOTTY ROAD, EDAVANNAPARA, MALAPPURAM, PIN - 673645 BY ADVS.

THOMAS ABRAHAM SAYED MANSOOR BAFAKHY THANGAL SHEEJA S.C., SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the Managing Partner of Popular Traders doing Hardware business in the sale of G.I Pipes, G.P Tubes, Iron Sheets, G.I Sheets, Asbestos Cement Sheets and general Hardware items. The godown of the petitioner is in Vazhakkad Grama Panchayat. The petitioner shifted the above godown to a new premises at Kondotty Road within the limits of the Cheekkode Grama Panchayat.

2. The petitioner has three permanent headload workers for doing loading and unloading works within the godown premises. The three workers have obtained registration under the Kerala Headload Workers Act and the Rules framed thereunder. All of them have been issued with Rule 26A Identity Cards by the Assistant Labour Officer, Kondotty. Exts.P2, P2(a) and P2(b) are the copies of identity cards.

3. Workers belonging to the 4^th respondent-

Headload Worker’s Union obstructed the attached workers of the petitioner from doing loading and unloading works. The petitioner requested the police to provide necessary Police assistance to prevent the obstruction caused by the workers of the 4^th respondent-Union. As the Police did not act, the petitioner approached this Court by filing WP(C) No.43057 of 023. This Court, as per Ext.P3 order, directed the Police authorities to give adequate protection to the petitioner for the loading and unloading operation to be carried on by the three permanent workers.

4. While so, the 4^th respondent-Union preferred an appeal before the 1^st respondent- District Labour Officer against issuance of Rule 26A cards to the workers of the petitioner. The 1^st respondent, without appreciating the relevant facts, cancelled the order of the Assistant Labour Officer, by which registration was granted to the petitioner’s workers. In Ext.P4 order, the 1^st respondent stated that the area where the petitioner’s godown is situated is a Scheme covered area and that the Assistant Labour Officer has not followed the procedure while issuing Rule 26A cards. The 1^st respondent directed the Assistant Labour Officer to take a fresh decision.

5. The Assistant Labour Officer considered the matter and issued Ext.P5 order dated 02.02.2024. In Ext.P5, the 2^nd respondent has stated that, on inspection, it was found that the three applicants are the permanent workers of the petitioner. However, the applications were rejected on the ground that, if registration is granted to them, that would affect the employment opportunities of the pool workers. On that ground the 2^nd respondent rejected the applications of the petitioner’s workers for registration.

6. Aggrieved by Ext.P5 order of the 2^nd respondent the petitioner preferred WP(C) No.7433 of 2024 and this Court, by Ext.P6 judgment, relegated the petitioner to avail statutory remedy under Rule 26C of the Kerala Headload Workers’

Rules, 1981 [for short, ‘the Rules’