IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 25981 of 2011(W) -------------------------- PETITIONER(S): --------------- V.R.L.LOGISTICS LTD., BRANCH/DELIVERY OFFICE, PUTHIYAPALAM ROAD, KOZHIKODE-673 002, REPRESENTED BY ITS MARKETING MANAGER, V.JUNU, S/O. V.SUKUMARAN. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- 1. KOZHIKODE DISTRICT HEAD LOAD AND GENERAL WORKERS UNION (INTUC), POOL NO.9H, NEAR LORRY STAND, CHEROOTY ROAD, KOZHIKODE, REPRESENTED BY ITS SECRETARY-673 012. 2. KOZHIKODE TALUK KAYATTIYIRAKKU THOZHILALI UNION (CITU), NEAR LORRY STAND, CHEROOTY ROAD, KOZHIKODE, REPRESENTED BY ITS SECRETARY-673 012. 3. THE EXECUTIVE OFFICER, KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, CHEROOTY ROAD, KOZHIKODE-673 012. 4. ASSISTANT LABOUR OFFICER, IIND CIRCLE, KOZHIKODE, KOZHIKODE DISTRICT, PIN-673 001. 5. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE-673 001. 6. ASSISTANT COMMISSIONER OF POLICE(SOUTH), KOZHIKODE CITY, KOZHIKODE-673 001. GOVT.PLEADER SRI.DINESH MATHEW MANJOORAN FOR R4-6 ADV. SRI.NIRMAL. S FOR R1 & 2 SRI.KOSHY GEORGE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.25981 of 2011 ------------------------------------------- Dated this the 18th day of October, 2011 J U D G M E N T ---------------------- Abdul Rehim, J. Petitioner is a private limited company engaged in the business of transportation, owning a fleet of vehicles. The petitioner is having a branch at Kozhikode, functioning at Puthiyapalam road with its godown situated at Zamorin's High School, North Road, Kozhikode. Issue pertains to loading unloading works in the godown of the petitioner company at Kozhikode. It is stated that the petitioner has got 4 permanent workers engaged for doing the loading unloading works. Out of them, 3 workers have already got registration under Rule 26A of the Kerala Head load Workers Rules. Ext.P1 to P3 are the Identity Cards issued to those workers. It is further stated that with respect to the 4th worker application for registration had already been submitted as per Ext.P4, and registration is awaited. 2. Allegation is that when the company took on lease the premises of godown at Cherootty road, there was a discussion with the unions regarding engagement of their numbers for W.P.(C).25981/11 -2- some additional works, convened at the instance of the Head load Workers Welfare Board, the 3rd respondent herein. Ext.P8 agreement was arrived between the petitioner and the leaders of the various trade unions representing general headload workers in the area. According to the petitioners, in spite of such agreement, now the respondents 1 and 2 are creating obstructions to engagement of the permanent workers attached to the petitioner's company. Eventhough the petitioner had approached the police authorities through Ext.P9 complaint, no effective steps were taken. Hence this writ petition is filed. 3. We have heard counsel appearing for respondents 1 and 2. It is contended that workers attached to the petitioner's company has no right to do the loading unloading works at their godown, because Ext.P1 to P3 identity cards does not authorise them to do such works at the godown. We notice that in the Identity Cards the name and address of the employer it is written as “Vijayananda Road Lines, Puthiyapalam Road, Thali”. Learned counsel for petitioner points out that it will indicate only the name and address of the employer with whom the workers are attached, and it is not the place of work which is indicated. We find merit in the contention, especially, because of the fact that the address of the petitioner is noted against a column for W.P.(C).25981/11 -3- providing 'name and address of the employer'. 4. Learned standing counsel appearing for 3rd respondent submitted that in the area where the godown of the petitioner is situated, is an area to which the functional operation of the welfare scheme formulated under the Kerala Headload Workers Act has been implemented. As such, the legal position is to the effect that the petitioner is not entitled to employ his own workers unless they have got registration as attached workers under the provisions of Rule 26A. In the case at hand the petitioner has got his own permanent workers registered under Rule 26A. Therefore we hold that the petitioner is entitled to employ permanent workers having registration, for the loading unloading works in the godown of the petitioner company. However, we notice that by virtue of Ext.P8 settlement, the petitioner had agreed to assign certain works to general Head load workers who are included in the pool formulated by the local committee under the scheme. We hold that if the petitioner requires any workers other then those who have got registration as attached workers, he shall employ the headload workers included in the relevant pool, having registration under the Welfare scheme formulated. 5. Therefore the writ petition is disposed of directing W.P.(C).25981/11 -4- respondents 5 and 6 to take effective steps if any obstruction is reported with respect to employment of the permanent workers of the petitioner who are having registration and to take effective steps to move such obstructions and to afford protection for the smooth conduct of business of the petitioner. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb