IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22766 of 2008(I) -------------------------- PETITIONER: ------------ TRINETHRA SUPER RETAIL PVT.LTD, X/256A & 256B, OPPOSITE GM MOTORS, NETTOOR, KOCHI-682 304., REPRESENTED BY ITS REGIONAL COMMERCIAL MANAGER & AUTHORISED SIGNATORY, MR.BIJU JOSE THOMAS, AGED 36 YEARS, SON OF 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-682 017, REPRESENTED BY ITS CHIEF EXECUTIVE. 2. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, KOTTAYAM LOCAL COMMITTEE, KOTTAYAM, REPRESENTED BY ITS CHAIRMAN. 3. KERALA HEADLOAD WORKERS WELFARE FUND BOARD, THALAYOLAPARAMBU SUB OFFICE, MARKET ROAD, THALAYOLAPARAMBU, KOTTAYAM DISTRICT, REPRESENTED BY ITS CHAIRMAN. BY SHRI.RENIL ANTO, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.22766 of 2008 ================== Dated this the 29th day of July, 2008 J U D G M E N T The petitioner wants to open and start a retail super market at Thalayolaparambu. They require services of headload workers in the super market. Under the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983, which is applicable to the petitioner's establishment, the petitioner is liable to get themselves registered as an employer with the 2nd respondent and thereafter the petitioner has to get allotment of headload workers from the local committee. The petitioner submitted Ext.P1 application for registration as an employer. By Ext.P2, the same has been rejected on the ground that some representatives of the unions of workers have objected to the same. The petitioner challenges Ext.P2 order and seeks the following reliefs in this writ petition: “(a) 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 Thalayolaparambu shop in the Register maintained by them under Paragraph 7 of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983; w.p.c.22766/08 2 (b) Issue a writ in the nature of mandamus or any other approrpaite writ, order or direction commanding 2nd and 3rd respondents to allot headload workers under them to petitioner's shop at Thalayolaparambu for carrying out loading and unloading works there, as per requisitions made by petitioner from time to time.; (c) Declare that 2nd and 3rd respondents are bound to allot headload workers under them even to an employer not registered under Paragraph 7 of Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983, as and when requisition is made by such employer; (d) 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 Thalayolaparambu 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; (e) 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 person of their choice for carrying out loading and unloading works in their shop at Thalayolaparambu.” 2. I have heard the learned Standing Counsel appearing for the respondents also. 3. There is no provision anywhere in the Kerala Headload Workers Act, Rules or Scheme to refuse registration to an employer merely on the ground that some Unions are objecting to the same. When an employer files an application for registration and allotment of headload workers, the 2nd w.p.c.22766/08 3 respondent has a duty to consider the same in accordance with the Kerala Headload Workers Act, Rules and Scheme, which do not contemplate inviting of objections from the Unions. Therefore, Ext.P2 is quashed and the 2nd respondent is directed to grant registration and allotment of workers to the petitioner, if the petitioner is entitled to such registration, but for the objections raised by the Unions. This shall be done within a period of two weeks from the date of receipt of a certified copy of this judgment. If, even after the registration, no headload workers are alloted to the petitioner, the petitioner would be free to engage his own workers after getting them registered under Rule 26A of the Kerala Headload Workers Rules, for which the jurisdictional police officer shall afford appropriate police assistance to ward off any law and order problem, on production 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 w.p.c.22766/08 4