IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 31405 of 2008(L) -------------------------- PETITIONER(S): --------------- XAVIER WILLIUM, VAREKKAT HOUSE NETTUR, MARADU, ERNAKULAM. BY ADV. SRI.M.V.PAULOSE RESPONDENT(S): --------------- 1. CONVENER, KERALA HEADLOAD WORKERS WELFARE BOARD, CHERTHALA COMMITTEE, CHERTHALA, ALAPPEY. 2. KERALA HEAD LOAD WORKERS WELFARE BOARD SUB OFFICE, AROOR, ALLEPPEY. 3. SECRETARY, INTUC AROOR UNIT AROOR PO., ALLEPPEY. 4. SECRETARY, CITU AROOR UNIT, AROOR PO., ALLEPPEY. 5. SECRETARY, AITUC AROOR UNIT AROOR PO, ALLEPPEY 6. SECRETARY, BMS AROOR UNIT, AROOR PO., ALLEPPEY. BY SC SRI.RENIL ANTO KANDEMKULATHYL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31405/2008 -------------------- Dated this the 13th day of November, 2008 JUDGMENT Petitioner is the partner of an establishment which functions in the Industrial Estate at Aroor, Alappuzha. Petitioner's firm handles hundreds of barrels of chemicals every week and the loading and unloading of the consignment is being done by the head load workers registered with respondents 3 to 5. Petitioner's complaint is regarding the excessive charges being collected by the Unions over and above the rates which are approved by the Head load Workers Welfare Fund Board. Reference is made in the writ petition to Ext.P1 list of wages prevailing from 7.11.2006. 2. On instructions, learned Standing Counsel for the Board submits that the rates have been revised with effect from 11.7.2008. Counsel for the petitioner is justified in submitting that the Unions shall not be permitted to collect any rate in excess of what is W.P.(C).31405/2008 2 permitted by the Board and this would apply both in relation to the rates prescribed under Ext.P1 and the revised rates as such. 3. Accordingly, writ petition is disposed of directing respondents 1 and 2 to see that the rates which are prescribed by the Board, for loading and unloading of materials is strictly enforced and no Union is permitted to collect any charges in excess thereof. I make it clear that the requirement to adhere to the prescribed rates will apply both in cases where Board collects the amount and disburses it to the Unions or in cases where Unions themselves collect the amount from the employers. V.GIRI, Judge mrcs