IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 34475 of 2008(D) -------------------------- PETITIONERS: --------------- P.A.SHAFEER, MANAGING PARTNER, BARKA FOODS, KONGAL, PARAVUR, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: --------------- 1. CHIEF EXECUTIVE, KERALA HEAD LOAD WORKERS WELFARE BOARD, ERNAKULAM. 2. CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE FUND, QUILON LOCAL COMMITTEE, BIG BAZAR, DISTRICT HOSPITAL ROAD, KOLLAM. 3. CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD, SUB OFFICE, PARAVUR, KOLLAM DISTRICT. 4. ASSISTANT LABOUR OFFICER, PARAVUR. 5. DISTRICT LABOUR OFFICER, KOLLAM. 6. CONVENOR, HEAD LOAD WORKERS (C.I.T.U), PARAVUR UNIT, PARAVUR, KOLLAM DISTRICT. 7. CONVENOR, HEAD LOAD WORKERS (I.N.T.U.C) PARAVUR UNIT, PARAVUR, KOLLAM DISTRICT. 8. CONVENOR, HEAD LOAD WORKERS (B.M.S) PARAVUR UNIT, PARAVUR, KOLLAM DISTRICT. 9. CONVENOR, HEAD LOAD WORKERS (A.I.T.U.C), PARAVUR UNIT, PARAVUR, KOLLAM DISTRICT. BY STANDING COUNSEL SRI.RENIL ANTO KANDAMKULATHY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 34475 of 2008 -------------------------- Dated this the 2nd December, 2008 J U D G M E N T Petitioner is the Managing Partner of a Small Scale Industrial Unit by name “Barka Foods”. Unit is engaged in the manufacture of Fortified Atta. After the production of fortified Atta, it is packed in small packets and supplied to Supply Co. 20 persons are employed by the petitioner for production and other allied works. It is stated in paragraph 3 of the writ petition that works incidental to and connected with the production and packing of wheat is alone by permanent workers attached to the unit. But nevertheless petitioner has not got any of the workers registered under the Headload Workers Scheme. 2. A notice was issued by the 2nd respondent , the Chairman of the Headload Workers Welfare Fund Board, Quilon Local Committee requiring the petitioner to engage registered head load workers and to get them W.P ( C) No. 34475 of 2008 2 registered as an employer under the Headload Workers Scheme. Petitioner submitted a reply as per Exhibit-P4 stating that there are 18 persons engaged by him in his unit and that six persons out of this are exclusively engaged for the purpose of loading and unloading works and all the workers including six persons in this behalf are covered by the E.S.I Act. 3. By Exhibit-P5, the Chairman of the Head Load Workers Welfare Fund Board required the petitioner to engage the registered head load workers in its establishment. This has been challenged by the petitioner int this writ petition. 4. I heard learned counsel for the petitioner and learned standing counsel for the Headload Workers Welfare Fund Board. 5. Learned counsel for the petitioner submits that since the petitioner has not accepted Exhibit-P5, there arises a dispute within the meaning of Headload Workers Act and it has to be referred to the competent authority under the Act. W.P ( C) No. 34475 of 2008 3 6. In my view, all that is required of the petitioner at this stage is either to engage registered head load workers or see that the persons engaged by him in his establishment are registered under Rule 26 A of the Head Load Workers Rules. Thereupon the petitioner would be entitled to engage them for loading and unloading works in such establishment. Requirement of all head load workers, whether permanently employed in an establishment or otherwise to obtain registration under Rule 26A of the Head Load Workers Rules has been upheld by a Bench of this Court in Raghavan Vs. Superintendent of Police [1998 (2) KLT 732]. The Full Bench has also held that the registration contemplated by the scheme is not applicable to permanent headload workers employed in a establishment. 7. The law laid down by the Full Bench is applicable to the petitioner also. Accordingly, it is made clear that the petitioner shall engage any person in his establishment for loading and unloading works only if he is registered in terms of Rule W.P ( C) No. 34475 of 2008 4 26A of the Headload Workers Rules . This shall be applicable to the persons permanently employed by the petitioner in his establishment. If the petitioner engages only the registered headload workers as mentioned above in his establishment then it is not open to the respondents to insist that the petitioner should nevertheless engage persons from outside. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 34475 of 2008 5 W.P ( C) No. 34475 of 2008 6 W.P ( C) No. 34475 of 2008 7 W.P ( C) No. 34475 of 2008 8