IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 38251 of 2010(F) --------------------------------------- PETITIONER(S): ----------------------- THE KERALA HEAD LOAD WORKERS WELFARE BOARD, PALAKKAD JILLA COMMITTEE, REP BY ITS CHAIRMAN. BY ADV. SRI.KOSHY GEORGE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE PALAKKAD. 3. THE CIRCLE INSPECTOR OF POLICE NORTH POLICE STATION, PALAKKAD. 4. THE SUB INSPECTOR OF POLICE NORTH POLICE STATION, PALAKKAD. R1 TO R4 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(C).No.38251 OF 2010 ------------------------------------------- Dated this the 3rd day of January, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. 1.This writ petition is filed by the Palakkad District Committee of the Kerala Headload Workers Welfare Fund Board, represented by the Chairman of the District Committee. Going by the provisions of the Kerala Headload Workers Act and Rules, and the schemes framed there under, the Kerala Headload workers Welfare Fund Board is a statutory board. It carries out statutory duties under the Act. It is also bestowed with certain power to give effect to carry out the scheme. 2.The complaint of the petitioner in its gist is that while the area in question is covered by Ext.P1 scheme, there are certain persons with criminal backgrounds who forcefully deprive the registered headload workers of their legitimate work. The case as projected before us during arguments is that when loads of different materials, including agricultural inputs come WPC.38251/10 2 to the market, the persons who are not registered headload workers forcefully take over the unloading operations. The Board stand to espouse the cause of the registered headload workers and says that those workers, in terms of the provisions of the Act and scheme, have the exclusive right to be involved in headload work in relation to establishments covered by the scheme since the area in question is covered by the statutory scheme. We are clear in our mind that the liability under the Act and the scheme gets fastened, at the first instance on establishments which permit or require unregistered workers to do the work. At the same time, the situation pointed out may lead to different law and order situation between the registered workers and those persons who have not registered under the Kerala Headload Workers Act and Rules and scheme. In such event, there could be a confrontation which would be against public interest. Having regard to the powers of the Board in terms of the Act and scheme, the Board has necessarily to be only a spectator to such a situation and should proceed through appeals or WPC.38251/10 3 proceedings before the competent court only in relation to establishments governed by the provisions of the scheme. 3.The grievance voiced by the writ petitioner Board needs to be attended to by the police only to ensure that there is no law and order problem. The Board or the registered workers will be entitled to work out any remedies as may be required in terms of the Act and scheme against any establishment which permits or requires any unregistered workers to carry out the loading and unloading works. Learned Government Pleader submits that one picket of police has been posted in the entire pool area and law and order will be strictly maintained. We record this submission and order the writ petition accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.5/1.