IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 25740 of 2008(L) -------------------------- PETITIONER: ------------ TRINETHRA SUPPER RETAILS PVT.LTD., X/256A & 256B, OPP.GM MOTORS NETTOOR, KOCHI-682304, REP. BY ITS REGIONAL COMMERCIAL MANAGER & AUTHORISED SIGNATORY, MR.BIJU JOSE THOMAS 36 YEARS, S/O.V.J.THOMAS. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENTS: ------------- 1. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, NEAR ERNAKULAM NORTH RAILWAY STATION SRM ROAD, ERNAKULAM, KOCHI-682017, REP. BY ITS CHIEF EXECUTIVE. 2. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, KOTTAYAM LOCAL COMMITTEE KOTTAYAM, REP. BY ITS CHAIRMAN. 3. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, PALA SUB OFFICE, GANAPATHI COMPLEX, TB.ROAD, PALA-686575, KOTTAYAM REP. BY ITS CHAIRMAN. BY SRI.RENIL ANTO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.25740 of 2008 ================== Dated this the 27th day of August, 2008 J U D G M E N T The petitioner is company which aspires to start a retail super market. In their super market they intend to engage services of headload workers. For this purpose, under the Headload Workers Act, Rules and Scheme, the petitioner is expected to obtain registration as an employer. The petitioner submitted an application, for registration as an employer before the 3rd respondent. The same has been rejected by Ext.P2 on the ground that the petitioner's registration has been opposed by headload workers and other employers in the locality. The petitioner, therefore, seeks the following reliefs: “(a) Call for the records and files leading to Ext.P2 issued by 3rd respondent and quash Ext.P2 by issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction. (b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 2nd and 3rd respondents to register petitioner as an employer in respect of their Pala shop in the Register maintained by them under Paragraph 7 of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983; (c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 2nd and 3rd respondents to allot headload workers under them to the petitioner's shop at Pala for carrying out loading and unloading works there, as per requisitions made by petitioner from time to time. w.p.c.25740/08 2 (d) Declare that 2nd and 3rd respondent are bound to allot headload workers under them even to an employer not registered under Paragraph 7 of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983, as and when requisition is made by such employer; (e) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 2nd and 3rd respondents to allot headload workers under them to petitioner's shop at Pala for carrying out loading and unloading works there, as per requisitions made by petitioner from time to time, even if petitioner is not registered as employer under Paragraph 7 of Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983. (f) Or in the alternative, issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondents not to prevent or obstruct petitioner from engaging any persons of their choice for carrying out loading and unloading works in their shop at Pala.” 2. I have heard the learned Standing Counsel appearing for the respondents also. 3. I am not satisfied that the reasons stated in Exts.P2 for rejecting the petitioner's application are sustainable. The Act, Rules or Scheme does not contemplate any consent from the headload workers or other employers of the locality for granting registration as an employer under the Act, Rules or Scheme. There is no procedure of calling for objections even. Accordingly, Ext.P2 is quashed and the 3rd respondent is directed to grant registration to the petitioner, if the petitioner has otherwise w.p.c.25740/08 3 complied with the conditions prescribed in the Act, Rules and Scheme for the purpose. This shall be done within a period of one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge