IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 29291 of 2008(K) -------------------------- PETITIONER(S): --------------- 1. SECRETARY, SOUTH KERALA, HEADLOAD AND GENERAL MAZDOOR SANGH MS, REG.NO.284/82, THIDI, KALANJOOR PO., PATHANAMTHITTA. 2. SECRETARY, PATHANAMTHITTA JILLA FOREST HEADLOAD AND GENERAL WORKERS UNION (KTUCM), THIDI, KALANJOOR PO., PATHANAMTHITTA. 3. SECRETARY. ADOOR TALUK HEADLOAD AND GENERAL WORKERS UNION(CITU), REG.NO.04-2/95 THIDI, KALANJOOR PO., PATHANAMTHITTA. BY ADV. SRI.C.ANIL KUMAR SMT.A.K.PREETHA RESPONDENT(S): --------------- 1. APPELLATE AUTHORITY UNDER THE KERALA HEAD LOAD WORKERS ACT (REGIONAL JOINT LABOUR COMMISSIONER), O/O.OF REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM. 2. CONCILIATION OFFICER UNDER THE KERALA HEAD LOAD WORKERS ACT (DISTRICT LABOUR OFFICER), O/O.THE DISTRICT LABOUR OFFICER, PATHANAMTHITTA. 3. ASST.LABOUR OFFICER, O/O.THE ASST. LABOUR, ADOOR. 4. S.JAMALUDEEN, CONVENOR, CITU, MANGODE PO 5. K.ASOKAN, CONVENOR, AITUC, MANGODE PO., KOLLAM. 6. P.HANEEFA, CONVENOR, INTUC, MANGODE PO., KOLLAM. 7. USUF, CONVENOR, KTUC(M) MANGODE PO., KOLLAM. 8. SYED MASOOD, CONVENOR KTUC(B), MANGODE PO., KOLLAM. 9. AHAMMED, CONVENOR, INLC, MANGODE PO., KOLLAM. ADV. SRI.MANOJ RAMASWAMY FOR R4 TO 8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.29291/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 23.10.2001. EXT.P2. TRUE COPY OF THE ORDER NO.406/07 DATED 25.8.2007 PASSED BY THE 3RD RESPONDENT. EXT.P3. TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 22.10.2007 EXT.P4. TRUE COPY OF THE APPEAL FILED BY THE PETITIONERS. EXT.P5. TRUE COPY OF THE ORDER NO.KHLWA. 3804/07 DATED 8.2.2008 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29291 of 2008 ----------------------------------------- Dated this the 19th day of August, 2010 JUDGMENT The petitioners, four in number, are trade unions representing headload workers registered under rule 26A of the Kerala Headload Workers Rules, 1981, working in Ward No.1 of Kalanjoor Grama Panchayat. The headload workers who are members of the petitioners, approximately 200 in number, possess identity cards issued by the Assistant Labour Officer, Adoor. 2. It appears that one Sri.Babu, who had purchased the right to remove timber from a rubber plantation situated in Ward No.9 of Kalanjoor Grama Panchayat, had entered into an agreement with the trade unions represented by respondents 4 to 9, whereby he had agreed to engage members of respondents 4 to 9 to do the loading work of fell timber. Members of the petitioners thereupon objected to the cutting and removal of trees which led to the filing of W.P(C) No.24296 of 2007 by Sri.Babu. In that writ petition this Court passed an interim order on 22.8.2007 directing the Assistant Labour Officer, Adoor to take a decision a regards the entitlement of the members of the petitioners and respondents 4 to 9 to do the loading work. The Assistant Labour Officer thereafter held a local enquiry on 24.8.2007 W.P(C).No.29291 of 2008 -:2:- and passed Ext.P2 order dated 25.8.2007. He held that members of the petitioners alone are entitled to do the loading and unloading work in Kalanjoor Grama Panchayat. 3. Aggrieved by the said order, respondents 4 to 6 filed a representation dated 10.9.2007 before the District Labour Officer. The representatives of the petitioners and two other unions submitted a representation dated 18-9-2007 to the District Labour Officer requesting that only those headload workers who hold identity cards issued by the Assistant Labour Officer, Adoor should be permitted to do the loading and unloading work in Kalanjoor Panchayat and that headload workers from Mangode Panchayat which is situated in Kollam district should not be permitted to do the loading and unloading work in Kalanjoor Panchayat which is situated in Pathanamthitta district. The District Labour Officer considered the rival claims and passed Ext.P3 order wherein he held that 60% of the headload work should be done by headload workers of Kalanjoor Panchayat who hold identity cards issued by the Assistant Labour Officer, Adoor and the balance 40% of the work should be done by headload workers of Mangode Panchayat. He however, held that in respect of the loading and unloading work in Ward No.9 of Kalanjoor Panchayat the work shall be shared in the ratio 65:35 instead of 60:40. Aggrieved by Ext.P3 order, W.P(C).No.29291 of 2008 -:3:- the petitioners and two other trade unions filed Ext.P4 appeal before the Regional Joint Labour Commissioner, Kollam. By Ext.P5 order passed on 8.2.2008 the said appeal was rejected. Hence this writ petition challenging Exts.P3 and P5 and seeking a declaration that members of the petitioners alone are entitled to carry on loading and unloading work in Kalanjoor Grama Panchayat. 4. I heard Smt.A.K.Preetha, learned counsel appearing for the petitioner and Sri.K.Ramesh, learned Government Pleader, appearing for the official respondents. Though respondents 4 to 9 have been served there was no representation on their behalf when the case was called on for hearing today. A reading of Ext.P5 order passed by the Regional Joint Labour Commissioner indicates that he has not considered the material contentions raised by the petitioners in Ext.P4 appeal. The petitioners had in Ext.P4 appeal contended that Ext.P2 order was passed by the Assistant Labour Officer, Adoor pursuant to the directions issued by a Division Bench of this Court in W.P(C) No.24296 of 2007 and that the District Labour Officer had no appellate power to interfere with the said order and therefore Ext.P3 order passed by the District Labour Officer is liable to be set aside. The petitioners had also raised a contention with reference to the statutory provisions contained in the Kerala Headload Workers Act, 1978 and the W.P(C).No.29291 of 2008 -:4:- rules framed thereunder that only those registered headload workers who hold identity cards issued by the Assistant Labour Officer, Adoor are entitled to do the loading and unloading work in Kalanjoor Panchayat in Pathanamthitta district and that the headload workers of Mangode Panchayat which is situated in Kollam district have no right to do the loading and unloading work in Kalanjoor Panchayat which is beyond the limits of Kollam district. A reading of Ext.P5 order indicates that none of these material contentions have been considered or dealt with by the Regional Joint Labour Commissioner. In my opinion the Regional Joint Labour Commissioner ought to have considered the above referred and other material contentions raised by the petitioners in Ext.P4 appeal. That having not been done I am persuaded to hold that the Regional Joint Labour Commissioner had not properly considered or disposed of the appeal filed by the petitioners. I accordingly hold that Ext.P5 order passed by the Regional Joint Labour Commissioner cannot be sustained. In the result I allow the writ petition, quash Ext.P5 and direct the Regional Joint Labour Commissioner, Kollam to consider Ext.P4 appeal and pass fresh orders thereon after affording the parties to the said appeal including the petitioners and the party respondents herein, a reasonable opportunity of being heard. The Regional Joint Labour W.P(C).No.29291 of 2008 -:5:- Commissioner shall consider the various contentions raised in the appeal and also other points which the petitioners and the party respondents may raise before him and shall pass an order giving reasons in support of his conclusions. Fresh orders on Ext.P4 appeal shall be passed within three months from the date on which the petitioners produce a certified copy of the judgment before the Regional Joint Labour Commissioner. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29291 of 2008 ---------------------------- JUDGMENT 19th August, 2010