IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 19005 of 2008(K) -------------------------- PETITIONER: ------------ RELIANCE HYPERMART LTD., NO.29/1338, CHANDRIKA CHAMBERS, S.A.ROAD, VYTILLA, KOCHI-682019 REP;BY ITS CHIEF EXECUTIVE-OPERATIONS EBY MATHEWS, AGED 47 YEARS, S/O.T.A.MATHAI. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENTS: ------------- 1. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, NEAR ERNAKULAM NORTH RAILWAY STATION, SRM ROAD, ERNAKULAM, KOCHI-682017, REP;BY ITS CHIEF EXECUTIVE. 2. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, KOTTAYAM LOCAL COMMITTEE, KOTTAYAM, REPRESENTED BY ITS CHAIRMAN. 3. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, PALA SUB OFFICE, GANAPATHI COMPLEX, T.B.ROAD, PALA 686 575, KOTTAYAM DISTRICT, REPRESENTED BY ITS CHAIRMAN. 4. KERALA HEADLOAD WORKERS WELFARE FUND POOL NO.1, PALA TOWN, PALA-686 575, KOTTAYAM DISTRICT, REPRESENTED BY ITS POOL LEADDER BY ADV. SRI.RENIL ANTO SC SRI.RENIL ANTO FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 19005/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE PASS BOOK UNDER REGISTRATION NO.D/388/08 BY R2 & R3. P2. COPY OF THE RECEIPT DTD.4.6.08. P3. COPY OF THE RECEIPT DTD.4.6.08 BY R2 AND R3. P4. COPY OF THE LETTER DTD.16.6.08 TO R2 AND R3. P5. COPY OF THE LETTER DTD.20.6.08 BY R3. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.19005 of 2008 ================== Dated this the 11th day of July, 2008 J U D G M E N T The petitioner proposes to open a super market. For getting loading and unloading work in the establishment done, the petitioner submitted an application for registration as an employer under the Kerala Headload Workers Act and the Rules and Scheme framed thereunder, which was originally granted. Later on, by Ext.P5 order, the said registration was cancelled on the ground that there are not enough headload workers in the area for being alloted to the petitioner. The petitioner, therefore, filed this writ petition seeking the following reliefs: “(a) Call for the records and files leading to Ext.P5 issued by 3rd respondent and quash Ext.P5 by issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction. (b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 2nd and 3rd respondents to restore to petitioner, the registration as an employer in the Register maintained by them under Paragraph 7 of Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983; (c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 2nd and 3rd respondents to allot headload workers under them to petitioner's shop at Pala for carrying out loading and unloading works there, as per w.p.c.19005/08 2 requisitions made by petitioner from time to time. (d) Declare that 2nd and 3rd respondents are bound to allot headload workers under them even to an employer not registered under Paragraph 7 of Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983, as and when requisition is made by such employer. (e) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 2nd and 3rd respondents to allot headload workers under them to petitioner's shop at Pala for carrying out loading and unloading works there, as per requisitions made by petitioner from time to time, even if petitioner is not registered as employer under Paragraph 7 of Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983. (f) Or in the alternative, issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondents not to prevent or obstruct petitioner from engaging petitioner's own employees working under them as Customer Service Associates for carrying out loading and unloading works in their shop at Pala;” 2. I have heard the learned Standing Counsel appearing for the respondents also. 3. Now that the only contention is that there are not enough workers in the pool to be alloted to the petitioner, I am of opinion that the petitioner can be allowed to engage his own workers for the purpose of doing loading and unloading work in his super market. That cannot be a ground for cancelling his request under the Kerala Headload Workers' Act and Scheme. Accordingly, Ext.P5 is quashed. The petitioner would continue to w.p.c.19005/08 3 be a registered employer for the purpose of Kerala Headload Workers' Act, Rules and Scheme as per the original registration. If the respondents are unable to allot workers from the pool as per the request made by the petitioner, it would be open to the petitioner to engage his own workers after getting them registered under Rule 26A of the Kerala Headload Workers Rules. If the workers of the petitioner submit applications for registration, the same shall also be considered accordingly. If the petitioner is obstructed by anybody in the process of getting his loading and unloading work done with his own employees, on production of a copy of this judgment, police shall render adequate assistance to the petitioner to ward off such obstruction. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.19005/08 4