IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 9236 of 2011(D) ------------------------- PETITIONER(S): --------------- PAVITHRAN, AGED 40 YEARS, S/O.P. RAGHAVAN, THATTUMMAL, PEELIKODE POST,KANHANGAD, KASARGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT LABOUR OFFICER, VIDYANAGAR, KASARAGOD DISTRICT - 673 001. 3. THE ASSISTANT LABOUR OFFICER, KANHANGAD - 673 002. 4. THE SECRETARY, HEAD LOAD WORKERS UNION (CITU), CHERUVATHUR, KANHANGAD, KASARAGOD DISTRICT - 673 001. 5. THE SECRETARY, HEAD LOAD WORKERS UNION (CITU), THRIKARIPUR, KANHANGAD, KASARAGOD DISTRICT - 673 001. ADV. SRI.KOSHY GEORGE FOR ADDL.R6. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.9236 of 2011 ----------------------------------------- Dated this the 25th March, 2011 JUDGMENT The petitioner is the Secretary of a trade union representing registered headload workers of Padne Panchayat. A dispute exists between the registered headload workers of Padne Panchayat and the headload workers of the neighbouring Panchayats as regards their entitlement to work in Padne Panchayat. The petitioner has therefore invoked the jurisdiction of the first respondent, the Conciliation Officer, under section 21 of the Kerala Headload Workers Act, 1978 by filing Ext.P2 petition dated 18.12.2010. In this writ petition the petitioner seeks a direction to the Assistant Labour Officer, Kanhangad to consider Ext.P2 and take steps to resolve the dispute in the manner prescribed in section 21 of the Act. Section 21 of the Kerala Headload Workers Act empowers the Assistant Labour Officer having jurisdiction over the area to hold a conciliation conference of the parties for bringing about a settlement and if such a settlement is not arrived at, send a report of the dispute to the Conciliation Officer and thereafter the Conciliation Officer has to take a decision. From the decision of the Conciliation Officer an appeal lies to the appellate authority. W.P(C) NO.9236/2011 -:2:- The pleadings in the writ petition and Ext.P2 disclose that there is a dispute inter se between the headload workers as regards the headload workers who are entitled to work within the limits of Padne Panchayat. In such circumstances as a dispute connected with the employment of headload workers exists, I am of the opinion that the 3rd respondent should consider Ext.P2 and take appropriate steps to bring about a settlement of the dispute. I accordingly dispose of the writ petition with a direction to the 3rd respondent to issue notice to the parties and hold a conciliation conference for the purpose of amicably settling the dispute referred to in the writ petition. Necessary steps in that regard shall be taken and completed within three months from today. If the 3rd respondent is not able to bring about a settlement he shall within the said period submit a report to the Conciliation Officer who shall thereupon act in terms of section 21 of the Act. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.9236 of 2011 ---------------------------- JUDGMENT 25th March, 2011