IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 18096 of 2008(D) -------------------------- PETITIONER(S): --------------- MERCHEM LIMITED, 2ND FLOOR, MALANKARA CENTRE, M.G.ROAD, COCHIN 682 035 REPRESENTED BY ITS DIRECTOR MR.P.M.RAJU BY ADV. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.ANIL D. NAIR RESPONDENT(S): --------------- 1. KERALA HEADLOAD WORKERS WELFARE BOARD, ALUVA COMMITTEE, OLD PRIVATE BUS STAND, MUNICIPAL BUILDING, RAILWAY STATION ROAD, ALUVA-1, REPRESENTED BY ITS CHAIRPERSON. 2. THE SECRETARY, KERALA HEADLOAD WORKERS UNION, ERNAKULAM DISTRICT GENERAL WORKERS UNION (CITU), POOL NO.33, MUPPATHADAM SOUTH, ALUVA 683 110. 3. THE SECRETARY, KERALA HEADLOAD WORKERS UNION, ALUVA MEKHALA GENERAL WORKERS ASSOCIATION (INTUC) POOL NO.33, MUPPATHADAM SOUTH, ALUVA 683 110. 4. SUB-INSPECTOR OF POLICE, BINANIPURAM POLICE STATION, MUPPATHADAM, ALUVA. ADV. SRI.DINESH MATHEW J.MURICKEN FOR R2-3 SRI.KOSHY GEORGE, SC, KHLWWB FOR R1 TO 3 GOVERNMENT PLEADER, SMT.RANI DIOTHIMA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18096 of 2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF ONE OF THE WORK CARDS DATED 22.3.2008 EXT.P2 TRUE COPY OF THE COMPLAINT DT.5.11.2007 SUBMITTED TO THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF THE STATEMENT OF NOKKUKOOLI PAID BY THE PETITIONER TO THE 1ST RESPONDENT DURING THE PERIOD FROM 3.11.2007 TO 6.6.2008 EXT.P4 TRUE COPY OF COMPLAINT DATED 3.6.2008 FILED TO THE FOURTH RESPONDENT ALONG WITH RECEIPT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18096/2008-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of September, 2011 J U D G M E N T This writ petition is filed by the petitioner seeking for a declaration that the demand and receipt of 'Nokkukooli' by respondents 1 to 3 are unauthorised under the Kerala Headload Workers (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002. 2. The petitioner's case is that the first respondent was issuing receipts like Ext.P1 for the amount paid by petitioner as nokkukooli as per the demand for nokkukooli by the workers. It is stated that the petitioner had acceded to the demand due to the heavy pressure and, thereafter, filed a complaint as per Ext.P2. It is further pointed out that even though the first respondent held three meetings with the petitioner and the representatives and members of respondent Nos.2 and 3, the demand continued. In total, the petitioner had to pay Rs.65,720/- as nokkukooli. It is stated that collection of this amount W.P.(C). No.18096/2008 -:2:- is illegal and the first respondent is liable to refund the above amount to the petitioner with interest. Ext.P3 is a detailed statement showing amounts paid on various dates. This Court granted an interim order on 17/06/2008. Thereafter, no payments have been made as nookkukooli. 3. Learned Standing Counsel for the first respondent submitted that the dispute, if any, of the petitioner will have to be resolved by the mechanism under the Act and, the enactment, namely, the Kerala Headload Workers (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002 has been repealed in the year 2008. 4. It is pointed out that after the interim order was passed, no amounts have been collected. 5. Evidently, the petitioner is now seeking refund of the amounts collected. Therefore, the remedy of the petitioner is to approach the District Labour Officer concerned under Section 21 of the Kerala Headload Workers Act, 1978. If the petitioner raises W.P.(C). No.18096/2008 -:3:- such a dispute, the matter will be considered by the District Labour Officer in accordance with law and after due enquiry and after hearing all the parties including respondents 1 to 3 herein. The interim order granted by this Court at the time of admission of the writ petition will continue to be in force till the dispute is adjudicated. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms