IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 13648 of 2011(E) -------------------------------------- PETITIONER: ------------------- M.ABDUL KHADER, UNIT SECRETARY, (CITU HEADLOAD WORKERS UNION), POOL NO.4, POST OFFICE ROAD, SHORNUR. BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM. RESPONDENTS: ------------------------ 1. THE REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM-682 030. 2. THE DISTRICT LABOUR OFFICER, PALAKKAD-678 001. 3. N.ASHRAF, DESHEEYA CHUMATTU THOZHILALI UNION, INTUC,CHUDUVATHOOR UNIT, SHORNUR- 679 121. 4. THE CHAIRMAN, KERALA HEADLOAD WORKERS WELFARE FUND BOARD, DISTRICT COMMITTEE, PALAKKAD, M.A.COMPLEX, T.B.ROAD, PALAKKAD-678 001. 5. THE CHAIRMAN, LOCAL COMMITTEE, KEARALA HEADLOAD WORKERS WELFARE FUND BOARD, OTTAPALAM WITH ITS SUB OFFICE AT SHORNUR- 679 121. R1 & R2 BY GOVT. PLEADER SMT. ANITHA RAVEENDRAN, R3 BY ADVS. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.C.A.ANOOP, SRI.MATHEWS RAJU, R4 & R5 BY ADV. SRI.KOSHY GEORGE, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.13648/2011-E: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE DECISION OF THE R.5. DTD. 10/06/2009. EXT.P.2: COPY OF THE ORDER NO. C2426/2009 DTD. 20/07/2010 ISSUED BY THE R.2. EXT.P.3: COPY OF THE MEMORANDUM OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 07/08/2010. EXT.P.4: COPY OF THE ORDER NO. HA7/2010 ISSUED BY THE R.1. DTD. 08/04/2011. RESPONDENT'S EXHIBITS:- EXT.R3.A: COPY OF THE COMPLAINT PUT IN BY THE R.3. DTD. 12/06/2009. EXT.R3.B: COPY OF THE LETTER ISSUED BY THE COMMITTEE DTD. 18/08/2009. EXT.R3.C: COPY OF THE ARGUMENT NOTES SUBMITTED BY THE R.3. DTD. 10/02/2011. EXT.R3.D: COPY OF AN AGREEMENT ENTERED INTO BETWEEN THE SHORNUR MERCHANTS ASSOCIATION AND THE I.N.T.U.C. UNION DTD. 18/02/1984. EXT.RE.E: COPY OF THE REPRESENTATION SUBMITTED BY THE MANIKANTAN DTD. 15/06/2009. EXT.R3.F: COPY OF THE MINUTES OF THE DECISION NO.64 DTD. 28/04/2011. //TRUE COPY// P.A. TO JUDGE Prv. P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 13648 of 2011 ----------------------------------------------- Dated this the 21st day of November, 2011 JUDGMENT Ext.P2 order passed by the District Labour Officer, Palakkad under section 21 of the Kerala Head Load Workers Act, 1978 and Ext.P4 order passed by the Regional Joint Labour Commissioner in appeal whereby he upheld Ext.P2 are under challenge in this writ petition. The main ground raised by the petitioner is that the District Labour Officer was not competent to adjudicate the dispute and the Kearla Headload Workers Welfare Board alone could have adjudicate the dispute. The dispute that was resolved by the District Labour Officer was regarding the right of the headload workers represented by the fourth respondent to work in SMP Junction, Shornur. The District Labour Officer held that the workers of Pool No.3 alone are entitled to work in SMP Junction, Shornur. The said order was confirmed by the appellate authority namely the Regional Joint Labour Commissioner. I have in Swathanthra Thozhilali Union v. Kerala Headload Workers Welfare Board (2011 (3) KLJ 609), after WP(C)No. 13648 of 2011 -2- analyzing the statutory provisions held that any dispute between headload workers connected with employment or terms of employment or conditions of employment of head load workers can be resolved only by the District Labour Officer and that the Kerala Headload Workers Welfare Board has no jurisdiction to adjudicate such disputes. Following the decision in WP(C) No. 13798 of 2011, I hold that the challenge to Exts.P2 and P4 is without any merit. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True copy// PA to Judge