IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 19029 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. K.P.ALI ASKAR,AGED 42,S/O. K.MAMMED, CONVENER RAILWAY GOODS SHED HEAD LOAD - WORKERS CO-ORDINATION COMMITTEE,KALLAI, KOZHIKODE. 2. K.T.ABDUL SALAM AGED 36 S/O. K.T. BEERANKUTTY, RAILWAY GOODS SHED HEAD LOAD - WORKERS CO-ORDINATION COMMITTEE, KALLAI, KOZHIKODE. 3. C.V.MUHAMMED SHERIF, AGED 37 YEARS, S/O. C.V.MOHAMMED RAILWAY GOODS SHED HEAD LOAD-WORKERS CO-ORDINATION COMMITTEE, KALLAI, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.M.PADMANABHAN SRI.P.A.HARISH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO LABORU DEPARTMENT, SECRETARIAT, THIRUAVNANTHAPURAM. 2. THE HEAD LOAD WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, S.R.M. ROAD, ERNAKULAM. 3. THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, S.R.M. ROAD, ERNAKULAM. 4. KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, KOZHIKODE LOCAL COMMITTEE, CHEROOTTY READ, KOZHIKODE. BY SRI.KOSHY GEORGE, SC SRI.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 19029 of 2009 -------------------------- Dated this the 13th July,2009 J U D G M E N T Petitioners are the registered Headload Workers in the Kallai Railway Goods Shed. They are also the office bearers of the Co-ordination Committee of the Headload Workers. They represent the headload workers in the Kallai goods shed Pool 1-F. They are now aggrieved by the decision taken by the Kozhikode Headload Workers Welfare Fund Board, deciding to deploy 30 workers from the Pool 1A, 1B and 1E to Pool 1F. I am not inclined to consider the petitioners' contentions on merit since the objections raised by the petitioners, squarely comes within the definition of dispute under 2(h) of the Headload Workers Act in as much as that the Local Committee would be an employer of the Headload Workers included in the Pool, as is evident from Section 2 (1) (2) of the Act. W.P ( C) No. 19029 of 2009 2 2. If that be so, the dispute is to be resolved by resort to the mechanism provided under Section 21 of the Headload Workers Act. It is open to the petitioners to move the Assistant Labour Officer who shall hold conciliation conferences in the first instance and if a conciliation is not arrived at, the matter will have to be decided by the appellate authority in terms of Section 21 (4) of the Headload Workers Act. Subject to the above, writ petition is disposed of. (V.GIRI,JUDGE) ma W.P ( C) No. 19029 of 2009 3 W.P ( C) No. 19029 of 2009 4