IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10643 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. K.P.NAZEER,M.K.SONS,FOOD GRAIN WHOLESALE MERCHANT,CHAKKARAKAL.PO,MOWENCHERRY, KANNUR. 2. HANEEFA.K.H,AGED 30 YRS,K.HASSANAR, KOZHIPARAMBATH HOUSE,VALLACHAL.PO,ERIVERI. 3. MUHAMMED.T.P,AGED 34 YEARS, S/O.AHAMMAD KUNJI,SHAMEERA MAHAL,MAMBAROM.PO. 4. MAHAROOF.A,AGED 28 YEARS, S/O.THOPPAR.C.K,CHITTARI HOUSE,PARAMBAYI, P.O.MAMBAROM. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): --------------- 1. CHAIRMAN,KERALA HEADLOAD WORKERS WELFARE BOARD, KANNUR COMMITTEE,KANNUR. 2. ASSISTANT LABOUR OFFICER,2ND CIRCLE, KANNUR. MR.P.N.SANTHOSH, GOVERNMENT PLEADER MR.KOSHI GEORGE, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10643 of 2009 --------------------------------- Dated, this the 1st day of April, 2009 J U D G M E N T The matter arises under the Kerala Headload Workers Act and the Rules framed thereunder. 2. It is stated that the 1st petitioner is an employer and that petitioners 2, 3 & 4 are his attached Headload Workers. The petitioners submit that Exts.P1, P2 & P3 are the registration cards issued to petitioners 2,3 & 4 under Rule 26A of the Kerala Headload Workers Rules. It is stated that in the area in question the scheme framed under the Headload Workers Act is being implemented with effect from 01/04/2009. According to the petitioners, in spite of having registration as above, Ext.P4 order has been issued to the effect that such workers cannot continue the work on the implementation of the Scheme. 3. I heard the learned standing counsel appearing for 1st respondent also. 4. Evidently, the claim of the petitioners is that petitioners 2,3 & 4 are attached workers of the 1st petitioner. So long as they WP(C) No.10643/2009 -2- hold registration cards issued under Rule 26A of the Rules, such workers are entitled to work, irrespective of the implementation of the scheme. However, the problem appears to be that in the cards issued, which are Exts.P1, P2 & P3, column number 6 providing for name and address of the employer is left blank. This necessarily has to be filled up with the name of the 1st petitioner, in which event only petitioners 2, 3 & 4 can be his attached workers. 5. Therefore, the writ petition is disposed of with the following directions:- (1) That it will be open to petitioners 2,3 & 4 to get the name of the 1st petitioner incorporated in Exts.P1 to P3 cards. (2) It is directed that if an application in this behalf is made, the 2nd respondent should consider the said application and pass necessary orders in this behalf, within two weeks of submission of the application, which shall be done within one week from today. (3) It is directed that in the meanwhile, petitioners 2,3 & 4 will be permitted to work under the 1st petitioner. However, their continuance will depend upon the orders to be passed by the 2nd respondent as above. WP(C) No.10643/2009 -3- 6. Needless to say that if any additional work force is necessary, the same will have to be made from the pool maintained by the respondents. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg