Disposed

Ashraf.N.M. v. the Chief Executive Officer

Kerala HC4 Nov 2019WP(C)/25887/2019

Case brief

AI extract

What is this about?

Competing headload-worker pools claimed loading and unloading work in a wholesale market. The court rejected Pool No.10's exclusive claim and held that the Committee, not its Chairman, must decide whether and how to extend the Scheme's functional operation. The petitions were disposed of with a two-week decision deadline and interim status quo.

What did the court decide?

Committee directed to decide within two weeks whether and how to extend the Scheme's functional operation to the market; status quo regarding market work to continue until that decision.

Ashraf.N.M. Vs the Chief Executive Officer — Labour and Industrial Disputes | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941

¶5

WP(C).No.23725 OF 2019(M)

¶6

PETITIONERS:

¶7

1 ERNAKULAM DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH, BMS OFFICE, I.S.PRESS ROAD, KOCHI-682 018, REPRESENTED BY ITS GENERAL SECRETARY K.V.MADHUKUIMAR.

¶8

2 BIJU.V.G., S/O.GANGADHARAN, RESIDING AT VELAMPARAMBIL, NETTOOR P.O., MARADU, KOCHI-682 040.

¶9

BY ADVS. SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN (P-212) SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE

¶10

RESPONDENTS:

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1 DISTRICT LABOUR OFFICER OFFICE OF THE DISTRICT LABOUR OFFICER, ERNAKULAM, KAKKANAD, KOCHI-682 030.

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2 KERALA HEADLOAD WORKERS WELFARE FUND BOARD, TRIPUNITHURA SUB COMMITTEE OFFICE, TRIPUNITHURA, KOCHI-682 301, REPRESENTED BY ITS CHAIRMAN.

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3 AGRICULTURE URBAN WHOLESALE MARKET AUTHORITY, MARADU, PIN-682 304, REPRESENTED BY ITS SECRETARY.

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WPC No. 23725 of 2019 & con. Cases

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4 ERNAKULAM DISTRICT TRANSPORTING AND GENERAL WORKERS UNION (INTUC), NETTOOR UNIT, NETTOOR, ERNAKULAM-682 040, REPRESENTED BY ITS GENERAL SECRETARY.

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5 ERNAKULAM DISTRICT HEADLOAD AND GENERAL WORKERS UNION(CITU), MARADU P.O., ERNAKULAM-682 304, REPRESENTED BY ITS SECRETARY.

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R2 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB R4 BY ADV. SRI.C.S.AJITH PRAKASH R4 BY ADV. SRI.T.K.DEVARAJAN R5 BY ADV. SRI.V.P.PRASAD BY GOVERNMENT PLEADER SRI. P.P.THAJUDEEN

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.11.2019, ALONG WITH WP(C).24177/2019(V) AND WP(C).25887/2019(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No. 23725 of 2019 & con. Cases

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¶22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶25

MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941

¶26

WP(C).No.24177 OF 2019(V)

¶27

PETITIONERS:

¶28

1 ASHRAF.N.M., AGED 56 YEARS S/O.MOHAMMED N.A., NANGYARATHPARAMB, NETTOOR P.O., PIN-682040.

¶29

2 JAMALUDHEEN P.K., AGED 59 YEARS S/O.KUNJU MOHAMMED, CHERUKATTU PARAMB, NETTOOR P.O., PIN-682040.

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3 SUNEER K.K, AGED 39 YEARS S/O.KUNJU MOHAMMED C.K., PUTHENPURA PARAMBU, NETTOOR P.O., PIN-682040.

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4 SUNEER V.M., AGED 42 YEARS S/O.V.M.MOOSA, VENNADA PARAMBU, NETTOR P.O., PIN-682040.

¶32

5 RIYAS T.I.,AGED 33 YEARS S/O.IBRAHIM, THEKKEPERINGATTU PARAMBU, NETTOR P.O., PIN-682040.

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6 SUNEER K.B., AGED 33 YEARS S/O.K.J.BASHEER, KANNOTH PARAMBU, NETTOR P.O., PIN-682040.

¶34

WPC No. 23725 of 2019 & con. Cases

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7 SAKEER HUSSAIN T.M., AGED 42 YEARS S/O.MAMU, THEKKEVEETTIL PARAMBU, NETTOR P.O., PIN-682040.

¶37

8 ABDUL LATHEEF K.P., AGED 59 YEARS S/O.K.K.PAREED, PERINGATTU PARAMBU, NETTOR P.O., PIN-682040.

¶38

9 SANOJ K.M., AGED 35 YEARS S/O.MOHAMMED KUTTY K.M., KANNOTH PARAMBU, NETTOR P.O., PIN-682040.

¶39

10 ANSAR P.A., AGED 40 YEARS S/O.M.K.ABDU, PARAVEEDU, NETTOR P.O., PIN-682040.

¶40

11 MUJEEB K.M., AGED 45 YEARS S/O.A.M.MAMU, KANNOTH PARAMBU, NETTOR P.O., PIN-682040.

¶41

12 ABDULLA V.K., AGED 28 YEARS S/O.V.M.KAREEM, VELI PARAMBU, NETTOR P.O., PIN-682040.

¶42

13 RAZAK K.K., AGED 37 YEARS S/O.M.K.KAREEM, KOTTAMANA PARAMBU, NETTOR P.O., PIN-682040.

¶43

14 ABDU M.U., AGED 58 YEARS S/O.UMMER, KANNOTH PARAMBU, NETTOR P.O., PIN-682040.

¶44

15 NISAR K.S., AGED 40 YEARS S/O.SHAMSUDHEEN, KAITHAMANA PARAMBU, NETTOR P.O., PIN-682040.

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WPC No. 23725 of 2019 & con. Cases

¶46

¶47

16	ASHIR P.H., AGED 43 YEARS S/O.HANEEF, POOMUGHATH HOUSE, NETTOOR P.O., PIN-682040.
17	UBAID K.S., AGED 37 YEARS S/O.SAIDU MOHAMMED, KAITHAMANA PARAMBU, NETTOOR P.O., PIN-682040.
18	NOUSHAD V.H., AGED 57 YEARS S/O.HAMEED, VAILOPPILLY, NETTOOR P.O., PIN-682040.
19	SAJI P.R., AGED 42 YEARS S/O.RAVEENDRAN P.N., POOTHURA PARAMBU.
20	SHIHAB P.J., AGED 40 YEARS S/O.JAMAL, VELI PARAMBIL HOUSE, NETTOOR P.O., PIN-682040.
21	NITHIN C.P., AGED 31 YEARS S/O.PRAKASHAN C.N., CHEMMANASSERY HOUSE, NETTOOR P.O., PIN-682040.
22	JALEEL M.M., AGED 35 YEARS S/O.MAHINKUTTY K.K., MATTATHIL PARAMBIL, MADAVANA, PANANGAD P.O., -682506.
23	SHAMEER K.S., AGED 41 YEARS S/O.SHAMSUDHEEN K.A., KALLIDUMKADAVIL VEEDU, PERUMBALAM P.O., -688570.
24	KAREEM V.M., AGED 57 YEARS S/O.MOHAMMED, VELI PARAMBIL, NETTOOR P.O., PIN-682040.

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WPC No. 23725 of 2019 & con. Cases

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25 ABDUL HAMEED U.M., AGED 52 YEARS S/O.MOIDEEN, UTHARAMPILLIL, NETTOOR P.O., PIN-682040.

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26 ASHRAF P.A., AGED 49 YEARS S/O.AZEEZ, PALLIPPARAMBIL, NETTOOR P.O., PIN-682040.

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27 BAIJU K.B., AGED 32 YEARS S/O.BABU K.S., KANNOTH PARAMBU, NETTOOR P.O., PIN-682040.

¶53

28 NASAR P.K., AGED 56 YEARS S/O.P.B.KOCHO, PURAKKELI PARAMBU, NETTOOR P.O., PIN-682040.

¶54

29 MAJEED M.M., AGED 55 YEARS S/O.MOHAMMED, MAKKOTH, NETTOOR P.O., PIN682040.

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30 BASHEER P.A., AGED 40 YEARS S/O.C.S.ALI, PERINGATTU PARAMBIL, NETTOOR P.O., PIN-682040.

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31 SIRAJ P.S., AGED 32 YEARS S/O.SYED MOHAMMED, PURAKKELI PARAMBIL, NETTOOR P.O., PIN-682040.

¶57

32 ALIYAR C.A., AGED 57 YEARS S/O.ABOOBACKER C.B., CHETHIKOTT, NETTOOR P.O., PIN-682040.

¶58

33 RAHIM V.A., AGED 33 YEARS S/O.V.M.ALI, VADAIPILLY HOUSE, NETTOOR P.O., PIN-682040.

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WPC No. 23725 of 2019 & con. Cases

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34 NISAR P.A., AGED 40 YEARS S/O.ABDUL KHADER, KAITHAMAN PARAMBU, NETTOOR P.O., PIN-682040.

¶62

35	RINSHAD P.R., AGED 27 YEARS
	S/O.M.M.RASHEED, PERINGATTU PARAMBIL,
	NETTOOR P.O., PIN-682040.

¶63

36 ANSAR V.M., AGED 40 YEARS S/O.V.I.MAMU, VELIYIL HOUSE, PANANGAD P.O.,-682506.

¶64

37 PRAMOD K.R., AGED 47 YEARS S/O.RAJAN, KAITHALI PARAMBU, NETTOOR P.O., PIN-682040. 38 SUBAIR K.S., AGED 44 YEARS S/O.SHAMSUDHEEN, KALLIDUM KADAVIL, PERUMBALAM P.O., -688570.

¶65

39 BASHEER K.A., AGED 55 YEARS S/O.ALIKUNJU, KALLIDUM KADAVIL NIKARTHIL, PERUMBALAM P.O., -688570.

¶66

40 PRASAD A.P.,AGED 52 YEARS S/O.PADMANABHAN, ADIMATHARA, NETTOOR P.O.,682040.

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41 SALEEM P.M., AGED 49 YEARS S/O.P.B.MOHAMMED, PALLIPARAMBIL, NETTOOR P.O., -682040.

¶68

42 SIDHIQUE P.K., AGED 48 YEARS S/O.P.A.KUNJU MOHAMMED, PURAKKELI PARAMBIL, NETTOOR P.O., -682040.

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WPC No. 23725 of 2019 & con. Cases

¶70

¶71

43 JAMAL C.M., AGED 47 YEARS S/O.MOHAMMED, KAITHAMANAPARAMBIL, NETTOOR P.O., -682040

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44 JALAL L.M.,AGED 48 YEARS S/O.A.M.MAMU, KANNOTH PARAMBIL, NETTOOR P.O., -682040

¶73

45 RAZAK M.A., AGED 32 YEARS S/O.ABDUL KAREEM, MEKKATTU PARAMBIL, NETTOOR P.O., -682040.

¶74

46 NAVAS T.H., AGED 47 YEARS S/O.HASSAINAR, KURAIPPILLY, NETTOOR P.O., -682040.

¶75

47 SHIYAS P.S., AGED 35 YEARS S/O.SAID MUHAMMED, PARAYIL, NETTOOR P.O., -682040.

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48 NASAR P.A., AGED 48 YEARS S/O.ALI P.M., PURAKKELI PARAMBIL, NETTOOR P.O., -682040.

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49 YASAR P.M., AGED 35 YEARS S/O.MUSTHAFA P.M., PATTATHUVELIYIL, PERUMBALAM P.O.,-688570.

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50 DASAN N.K., AGED 56 YEARS S/O.KUNJAN, NIKARTHIL VEEDU, NETTOOR P.O., -682040.

¶79

51 ANAS T.S., AGED 45 YEARS S/O.SIDDIK, KANNOTH PARAMBU, NETTOOR P.O., -682040.

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WPC No. 23725 of 2019 & con. Cases

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¶82

52 SHIJU V.N., AGED 36 YEARS S/O.NARAYANAN V.K., VADAKKUMMURI HOUSE, EDAPPALLY P.O.-682024.

¶83

53 JABBAR M.M., AGED 56 YEARS S/O.MAMU, MANAKKACHIRA, NETTOOR P.O., -682040.

¶84

54 ABDUL SALAM V.M., AGED 48 YEARS S/O.MUHAMMED, VELI PARAMBIL, NETTOOR P.O., -682040.

¶85

55 ABDUL SALAM P.K., AGED 52 YEARS S/O.KUNJUMUHAMMED, PERINGATTU PARAMBIL, NETTOOR P.O., -682040.

¶86

56 AZEEZ V.A., AGED 49 YEARS S/O.ABDUL KADER, VADAIPPILLY, NETTOOR P.O., -682040.

¶87

57 SHAJI N.H., AGED 41 YEARS S/O.HAMEED, EDAKKATTU PARAMBIL, NETTOOR P.O., -682040.

¶88

58 RAHIM P.K., AGED 48 YEARS S/O.K.K.KOCHUNNI, PENAVEEDU, MADAVANA, PANANGAD P.O.,-682506.

¶89

59 NASEER C.A., AGED 47 YEARS S/O.ASIZ K.B., POLLURAPPILLY PARAMBU, NETTOOR P.O., -682040.

¶90

60 ANVAR T.A., AGED 38 YEARS S/O.T.M.ABUBAKKAR, THAYYIL HOUSE, 3/768, MATTANCHERY P.O. -682002.

¶91

61 PRAJITH K.R., AGED 36 YEARS S/O.K.K.RAJAN, KAITHALIL HOUSE, NETTOOR P.O., -682040.

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WPC No. 23725 of 2019 & con. Cases

¶93

¶94

62 MOHAMMED M.K., AGED 59 YEARS S/O.KAYI, MADRASSA PARAMBIL, NETTOOR P.O., -682040.

¶95

63 SHINAS P.S., AGED 29 YEARS S/O.SHAJI C.A., PERINGATTU PARAMBIL, NETTOOR P.O., -682040.

¶96

64 KUNJUMON K.M., AGED 50 YEARS S/O.MUHAMMED A.K., KILIPARAMBIL, NETTOOR P.O., -682040.

¶97

65 ABDUL SALAM C.P., AGED 39 YEARS S/O.PAREED C.K., CHERIPARAMBI, NETTOOR P.O., -682506.

¶98

66 BADARUDHEEN M.C., AGED 50 YEARS S/O.SHAIKPAREED P.C., MADRASSA PARAMBIL, NETTOOR P.O., -682040.

¶99

67 ISMAIL K.P., AGED 55 YEARS S/O.C.M.PAREED, KALLIDUMKADAVIL, PERUMBALAM P.O. -688570.

¶100

68 NAJEEM K.M., AGED 34 YEARS S/O.MUHAMMEDKUTTY N.A., KADAVILVEEDU, NETTOOR P.O., -682040.

¶101

69 HASHIM V.B., AGED 37 YEARS S/O.K.A.BASHEER, VADAKKEILAVUMKAL, PERUMBALAM P.O. -688570.

¶102

70 VISHNU A.V., AGED 27 YEARS S/O.A.K.VIJAYAN, AMBALPPARAMBU, NETTOOR P.O., -682040.

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WPC No. 23725 of 2019 & con. Cases

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¶105

71	NISAR T.H., AGED 35 YEARS S/O.HANEEFA, KANNOTHU PARAMBU, NETTOOR P.O., -682040.
72	RAJAN P.S., AGED 51 YEARS S/O.PATHMANABAN, PUTHUPARAMBILVEEDU, CHOTTANIKKARA P.O., -682312.
73	ARUNKUMAR P.S., AGED 29 YEARS S/O.SASI,PEEDIYEKKAL, NETTOOR P.O., -682040.
74	FAIZAL A.A., AGED 37 YEARS S/O.A.S.ADIMA, 13/624, CHITHUPARAMBU, CHULLIKKAL, THOPPUMPADY P.O., -682005.
75	SHIHAB C.A., AGED 37 YEARS S/O.AKBAR, H.NO.6/2241, MATTANCHERY P.O., -682002.
76	IBRAHIM C.M., AGED 48 YEARS S/O.MUHAMMED, CHEMBAMANGALATH, NETTOOR P.O., -682040.
77	ANSAR N.K., AGED 47 YEARS S/O.KUNJUMUHAMMED, KAITHAVALAPPU COLONY, CHANDIROOR P.O., -688535.
78	EASA MON E.M., AGED 40 YEARS S/O.MUHAMMED V.K., EDAKKATTU PARAMBU, NETTOOR P.O., -682040.
79	NOUSHAD K.M., AGED 50 YEARS EDAKKATTU PARAMBU, NETTOOR P.O., -682040.
80	SAKEER N.K., AGED 37 YEARS S/O.KOCHUNNI, NAIMANAPARAMBU, NETTOOR P.O., -682040.

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WPC No. 23725 of 2019 & con. Cases

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81	RISHAD A.A., AGED 39 YEARS S/O.ABDUL KHADER, PARAVEEDU, CHULLIKKAL, THOPPUMPADY P.O.,- 682005.
82	HABEEB K.K., AGED 34 YEARS S/O.KUNJUMUHAMMED, KILIPPARAMBU, NETTOOR P.O., -682040.
83	NASEER P.K., AGED 45 YEARS S/O.KHALID, PALLIPPARAMBIL, NETTOOR P.O., -682040.
84	SHAMEER V.A., AGED 49 YEARS S/O.ASIS, VELI PARAMBIL, NETTOOR P.O., -682040.
85	SHEJEER P.A., AGED 33 YEARS S/O.P.K.ANWAR, PALLIPPARAMBIL, NETTOOR P.O., -682040.
86	JALAL N.S., AGED 52 YEARS S/O.SAID, EDAKKATTU PARAMBU, NETTOOR P.O., -682040.
87	ABDUL SAMAD K.L., AGED 39 YEARS S/O.LATHEEF T.A., KADEPARAMBIL, NETTOOR P.O., -682040.
88	BIJU K.B., AGED 31 YEARS S/O.BABU K.S., KANNOTHU PARAMBU, NETTOOR P.O., -682040.
89	VAISHNAV N.V., AGED 26 YEARS S/O.VIJAYAN J.N., NJAVALLY PARAMBU, NETTOOR P.O., -682040.
90	SHAMEER P.K., AGED 45 YEARS CHERUKATTU PARAMBU, NETTOOR P.O., -682040.

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WPC No. 23725 of 2019 & con. Cases

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91	SIRAJ P.S., AGED 48 YEARS S/O.SULAIMAN, NANGYARATHU PARAMBU, NETTOOR P.O., -682040.
92	NIYAS K.S., AGED 36 YEARS S/O.SHAMSUDHEEN, KAITHAMANA PARAMBU, NETTOOR P.O., -682040.
93	MUJEEB K.M., AGED 32 YEARS S/O.MUHAMMED KUTTY K.M., 32 YEARS, KANNOTH PARAMBU, NETTOOR P.O., -682040.
94	VIJEESH P.V., AGED 39 YEARS S/O.K.VIJAYAN, CHUTTINGAL PARAMBIL, NETTOOR P.O., -682040.
95	ABOOBACKER M.A., AGED 55 YEARS S/O.M.K.ALI, AZHIKKAKATH, NETTOOR P.O., -682040.
96	NANDAKUMAR V.V., AGED 42 YEARS S/O.VELAYUDHAN, VELI PARAMBU, NETTOOR P.O., -682040.
97	NISAR T.V., AGED 49 YEARS S/O.MUHAMMED, KAVUMKAL, AROOKUTTY.
98	RAHEES N.N., AGED 24 YEARS S/O.NAZAR N.M., NANGYARATH PARAMBU, NETTOOR P.O., -682040.
99	SUMESH T.A., AGED 39 YEARS S/O.AYYAPPAN PILLA, THEKKE NANGYARATH, NETTOOR P.O., -682040.
100	SHAMSUDHEEN T.H., AGED 55 YEARS S/O.HUSSAI N, PALLIPPARAMBIL, NETTOOR P.O., -682040.

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WPC No. 23725 of 2019 & con. Cases

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101	SABU P.R., AGED 48 YEARS S/O.RAVEENDRAN, POOTHARA PARAMBU, NETTOOR P.O., -682040.
102	SHAJI K.B., AGED 48 YEARS S/O.K.K.BHEERAN, KONOTHU PARAMBIL, NETTOOR P.O., -682040.
103	RAJESH C.R., AGED 46 YEARS S/O.RAJAN K.N., CHOORAKKATTU, PISHAR KOVIL, PANANGAD P.O.,-682506.
104	VINOD K.S., AGED 45 YEARS S/O.R.S.SIVADASAN, KURIAPIILY PANEPARAMBIL, CHEPPANAM, PANANGAD P.O., -682506.
105	SAVAD P.A., AGED 31 YEARS S/O.ABDUL KAREEM P.M., PATTATHI VELI, PERUMBALAM P.O., -688570.
106	HUSSAIN K.A., AGED 43 YEARS S/O.ABDUL KHADER, MANGALAKKARA PARAMBU, KOCHI.
107	SANOJ V.S., AGED 38 YEARS S/O.SOMAN S., VADAPPURATH, PERUMBALAM P.O., -688570.
108	NASEER M.A., AGED 42 YEARS S/O.M.A.ALAVI, MELAYIL HOUSE, PALLURUTHY.
109	P.A.MOHAMMED KOYA, AGED 51 YEARS S/O.ABU, CHERI PARAMBIL, NETTOOR P.O., -682040.
110	SAINUDHEEN M.C.,AGED 54 YEARS S/O.SHAIK PAREED, MADRASSA PARAMBIL, NETTOOR P.O., -682040.

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WPC No. 23725 of 2019 & con. Cases

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111 P.M.SHANAD, AGED 32 YEARS S/O.P.K.MUHAMMEDKUTTY, PUTHANPURAPARAMBU, NETTOOR P.O., -682040.

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BY ADVS. SRI.C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SMT.T.N.SREEKALA SRI.FRANKLIN ARACKAL KUM.NEETHU SOMAN M.BABU

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RESPONDENTS:

¶120

1 THE COMMISSIONER OF POLICE, KOCHI CITY, OFFICE OF THE CITY POLICE COMMISSIONER, ERNAKULAM-682011.

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2 THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, KAKKANAD, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, KAKKANAD, ERNAKULAM-682030.

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3 THE CIRCLE INSPECTOR OF POLICE, PANANGADU POLICE STATION, ERNAKULAM DISTRICT, PANANGADU P.O., PIN-682506.

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4 THE SUB INSPECTOR OF POLICE, PANANGADU POLICE STATION, ERNAKULAM DISTRICT, PANANGADU P.O., PIN-682506.

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5 THE CHAIRMAN, ERNAKULAM DISTRICT COMMITTEE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD, KUMMENCHERRY BUILDING, T.D.ROAD, ERNAKULAM DISTRICT, PIN682035.

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6	THE CONVENOR, SUB OFFICE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD, TRIPUNITHURA, WHITE SHOP BUILDING, HILL PALACE ROAD, MARKET JUNCTION, TRIPUNITHURA-682301.
7	THE SECRETARY, AGRICULTURAL URBAN WHOLESALE MARKET, MARADU, NETTOOR P.O.,ERNAKULAM DISTRICT, PIN -682040.
8	MARADU MARKET TRADERS ASSOCIATION REG. NO.ER- 391/08, , ROOM NO.A-1, AGRICULTURAL URBAN WHOLESALE MARKET, MARADU, NETTOOR P.O., ERNAKULAM- 682040, REPRESENTED BY ITS PRESIDENT, MR.SHIHAB.
9	MR.PRAJEESH T.P., (POOL LEADER IN POOL NO.9), THETTALIKKAL HOUSE, MARADU P.O., ERNAKULAM DISTRICT, PIN- 682304.
10	MR.SAKKIRI V.M., VADAKKEVEETTIL HOUSE, NETTOOR P.O., ERNAKULAM DISTRICT,PIN -682304.
11	MR.K.P.ASOKAN, KANNADITHARA HOUSE, MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.
12	MR.AJAYAN, PUTHIYAVEETTIL HOUSE, MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.
13	MR.P.P.AJITH KUMAR, KUNNALAKATTU HOUSE, MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.

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14 MR.V.M.ANIL, VETTIKKAL HOUSE, MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.

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15 MR.P.K.SAJU, PRANIPARAMBIL HOUSE, MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.

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16 MR.K.R.JAYAKUMAR, KANNAT HOUSE, KUNDANNOOR, MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.

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17 MR.V.K.MADHU, VELANTHITTAYIL HOUSE, KUNDANNUR,MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.

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18 MR.ANIL G.T., ILLIKKATHARA HOUSE, NETTOOR P.O.,ERNAKULAM DISTRICT, PIN-682304.

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19 ERNAKULAM DISTRICT HEAD LOAD AND GENERAL WORKERS UNION (CITU) UNIT, MARADU P.O., ERNAKULAM DISTRICT, PIN-682304, REP. BY ITS UNIT SECRETARY MR.SAKKIRI V.M.

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20 ADDL.R20.ERNAKULAM DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH BMS OFFICE, I.S.PRESS ROAD, KOCHI - 682 018, REPRESENTED BY ITS GENERAL SECRETARY, K.V.MADHUKUMAR.

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21 ADDL.R21. BIJU V.G., S/O.GANGADHARAN, RESIDING AT VELAMPARAMBIL, NETTOOR P.O., MARADU, KOCHI - 682 040. ARE IMPLEADED AS PER ORDER DATED 4/10/2019 IN I.A.NO.1/19 IN WP(C)NO.24177/19.

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R5-6 BY ADV. SRI.S.KRISHNA MOORTHY(ERNAKULAM)

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WPC No. 23725 of 2019 & con. Cases

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¶141

R9-19 BY ADV. SRI.V.P.PRASAD R20 BY ADV. P.RAMAKRISHNAN R20 BY ADV. SMT.PREETHI RAMAKRISHNAN (P-212) R20 BY ADV. SRI.PRATAP ABRAHAM VARGHESE R20 BY ADV. SRI.T.C.KRISHNA R20 BY ADV. SRI.C.ANIL KUMAR R20 BY ADV. SMT.ASHA K.SHENOY R21 BY ADV. SRI.P.RAMAKRISHNAN BY GOVERNMENT PLEADER SRI. P.P.THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.11.2019, ALONG WITH WP(C).23725/2019(M), WP(C).25887/2019(I) THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No. 23725 of 2019 & con. Cases

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¶145

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶146

PRESENT

¶147

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941

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WP(C).No.25887 OF 2019(I)

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PETITIONER:

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ASHRAF.N.M., AGED 56 YEARS S/O. MOHAMMED N. A., NANGYARATHPARAMB, NETTOOR P.O., PIN - 682040.

¶152

BY ADVS. SRI.C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SMT.T.N.SREEKALA SRI.FRANKLIN ARACKAL SRI.M.B.SOORI KUM.NEETHU SOMAN

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RESPONDENTS:

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1 THE CHIEF EXECUTIVE OFFICER, KERALA HEAD LOAD WORKERS WELFARE BOARD, SRM ROAD, ERNAKULAM, KOCHI - 682018.

¶155

2 THE CHAIRMAN ERNAKULAM DISTRICT COMMITTEE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD, KUMMENCHERRY BUILDING, T. D. ROAD, ERNAKULAM DISTRICT, PIN - 682035.

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WPC No. 23725 of 2019 & con. Cases

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3 THE CONVENOR SUB OFFICE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD, TRIPUNITHURA, WHITE SHOP BUILDING, HILL PALACE ROAD, MARKET JUNCTION, TRIPUNITHURA - 682301.

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4 THE SECRETARY AGRICULTURAL URBAN WHOLESALE MARKET, MARADU, NETTOOR P. O., ERNAKULAM DISTRICT, PIN - 682040.

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5 MARADU MARKET TRADERS ASSOCIATION REG.NO.ER-391/08, ROOM NO.A-1 AGRICULTURAL URBAN WHOLESALE MARKET, MARADU, NETTOOR P. O., ERNAKULAM - 682040. REPRESENTED BY ITS PRESIDENT MR. SHIHAB.

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6 PRAJEESH T. P. (POOL LEADER IN POOL NO.9, KUNDANNOOR POOL), THETTALIKKAL HOUSE, MARADU P.O., ERNAKULAM DISTRICT, PIN - 682304.

¶162

7 ADDL R7 ERNAKULAM DISTRICT HEAD LOAD AND GENERAL MAZDOOR SANGH BMS OFFICE, I.S.PRESS ROAD, KOCHI-682 018. REPRESENTED BY ITS GENERAL SECRETARY K.V.MADHU KUMAR

¶163

8 ADDL R8. SRI.BIJU V.G., S/O.GANGADHARAN RESIDING AT VELAMPARAMBIL, NETTOOR P.O., MARADU, KOCHI-682 040.

¶164

ADDL. R7 AND R8 ARE IMPLEADED AS PER ORDER DATED 04-10-2019 IN IA 1/2019 IN WP(C)

¶165

R1-3 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB R6 BY ADV. SRI.V.P.PRASAD R7 BY ADV. P.RAMAKRISHNAN R7 BY ADV. SMT.PREETHI RAMAKRISHNAN (P-212)

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WPC No. 23725 of 2019 & con. Cases

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¶168

R7 BY ADV. SRI.C.ANIL KUMAR R7 BY ADV. SMT.ASHA K.SHENOY R7 BY ADV. SRI.T.C.KRISHNA R7 BY ADV. SRI.PRATAP ABRAHAM VARGHESE BY SPECIAL GOVERNMENT PLEADER SRI. P.P.THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.11.2019, ALONG WITH WP(C).23725/2019(M), WP(C).24177/2019(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No. 23725 of 2019 & con. Cases

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¶172

P.B.SURESH KUMAR, J.

¶173

W.P.(C) Nos.23725, 24177 & 25887 of 2019

¶174

Dated 4^th November, 2019.

¶175

J U D G M E N T

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The issues involved in these matters being closely interlinked, they are disposed of by this common judgment. The Exthibits are referred to in the judgment as they appear in W.P.(C) No.25887 of 2019.

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The Government of Kerala has established an agricultural urban wholesale market (the market) at Nettoor in Ernakulam District, during 1992. The market was exempted from the provisions of the Kerala Headload Workers Act, 1978 (the Act) by virtue of a notification under the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002. As such, though the market is located in an area notified for implementation of the Kerala Headload

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WPC No. 23725 of 2019 & con. Cases

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Workers (Regulation of Employment and Welfare) Scheme,1983 (the Scheme), its functional operation was not extended to the market and the loading and unloading works in the establishments inside the market were being carried out by the workers engaged by the establishments themselves. The Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002 was repealed in terms of the Kerala Headload Workers (Amendment) Act, 2008. When the benefit of exemption from the provisions of the Act enjoyed by the establishments inside the market was taken away by virtue of the repeal of the enactment, the association of the establishments inside the market approached this court in W.P.(C) No.18450 of 2015 for police protection for carrying out the works by engaging workers of their choice. The said writ petition was dismissed on 1.8.2019 in terms of Ext.P5 judgment holding that the establishments inside the market shall have to engage workers under the Scheme for their works.

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WPC No. 23725 of 2019 & con. Cases

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The Scheme in the area within which the market

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is located is presently administered by the Ernakulam District Committee of the Kerala Headload Workers Welfare Board (the Board). W.P.(C) No.24177 of 2019 is a writ petition filed by the headload workers included in Pool No.10 by the committee administering the Scheme in the area. According to the petitioners therein, since the market is located within the boundaries prescribed by the committee for the workers included in Pool No. 10, they are entitled to carry out the work inside the market to the exclusion of all others. It was alleged by the petitioners in that case that they are not being permitted to carry out the work by the workers included by the committee in Pool No.9. The petitioners in that case are, therefore, seeking police protection to enable them to carry out the works in the establishments inside the market.

¶185

W.P.(C) No.23725 of 2019 is a writ petition filed

¶186

by the trade union representing the headload workers included by the committee in the area in Pool No.11 and one of its

¶187

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WPC No. 23725 of 2019 & con. Cases

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members, alleging that when the the benefit of exemption from the provisions of the Act enjoyed by the establishments inside the market was taken away, they raised a claim for the work inside the market and steps are being taken by the Board to assign the said work to the workers included in Pool Nos. 9 and 10, without considering their claim. The petitioners in the said writ petition, therefore, seek directions to the Board to consider their claim for the work inside the market before the same is assigned to others.

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The Chief Executive of the Board, in the meanwhile, issued a communication to the District Committee of the Board to take appropriate steps to enable the members of respondents 5 and 6 trade unions in Ext.P5 writ petition to carry out the loading and unloading works inside the market. Ext. P15 is the communication issued by the Chief executive of the Board in this connection. W.P.(C) No.25887 of 2019 is a writ petition by one of the petitioners in W.P.(C) No.24177, challenging Ext. P15 communication on the ground that this

¶191

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WPC No. 23725 of 2019 & con. Cases

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Court has not issued any direction in Ext.P5 judgement that the members of respondents 5 and 6 trade unions in that case shall be assigned the work inside the market.

¶194

Heard the learned counsel for the petitioners, the learned Government Pleader and the learned counsel for the Board.

¶195

The learned counsel for the petitioners in W.P. (C) No.24177 of 2019 and 25887 of 2019 has reiterated the contention taken by the petitioners in these writ petitions that the market being one situated within the limits of Pool No.10, they have the exclusive right to carry out the loading and unloading works in the market. The learned counsel for the petitioners in W.P.(C)No.23725 of 2019 contended that in so far as the functional operation of the Scheme has not been extended to the market all throughout, it is for the committee to take a decision as to who should carry out the work inside the market. Both the learned counsel have asserted that this court has not directed in Ext.P5 judgment that the work inside

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WPC No. 23725 of 2019 & con. Cases

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¶198

the market shall be assigned to the members of respondents 5 and 6 trade unions in that case. According to them, the issue as to who should carry out the work inside the market was not an issue considered by this court in that case.

¶199

The learned counsel for the Board submitted

¶200

that in the light of Ext.P5 judgment, the Chairman of the committee has made arrangements to allocate the work inside the market to the workers included in Pool Nos.9 and 10. According to the learned counsel, in the light of paragraph 20 of the Scheme, the Chairman of the Committee has the authority to do so.

¶201

I have considered the contentions raised by the learned counsel on either side.

¶202

As rightly asserted by the learned counsel for the petitioners, a perusal of Ext.P5 judgment does not indicate that this court has directed that the work inside the market shall be assigned to the members of respondents 5 and 6 trade unions in that case. The issue as to who is entitled carry out the

¶203

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WPC No. 23725 of 2019 & con. Cases

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work inside the market after the benefit of exemption from the provisions of the Act enjoyed by the establishments inside the market was taken away, was not an issue considered by this court in that case. The only issue considered was as to whether the establishments inside the market are entitled to the benefit of exemption from the provisions of the Act, notwithstanding the repeal of the enactment under which they were enjoying the exemption, and this court has answered the said issue against the petitioner therein. In other words, the effect of the Ext.P5 judgment is only that the establishments inside the market are no longer entitled to the benefit of exemption from the provisions of the Act, as enjoyed by them earlier. The said judgement does not ,therefore, make it obligatory for the Committee to extend the functional operation of the Scheme to the market. To a specific question put by the court to the learned counsel for the Board in the course of hearing as to whether the Committee of the Board has taken any decision after the benefit of exemption enjoyed by the establishments

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WPC No. 23725 of 2019 & con. Cases

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¶208

inside the market was taken away to extend the functional operation of the Scheme to the market, the answer was in the negative. True, insofar as the market is situated within the limits of an area notified for implementation of the Scheme, the fact that the Committee has so far not taken any decision to extend the functional operation of the Scheme to the market, does not preclude the committee from taking a decision to extend the functional operation of the Scheme to the market. However, in so far as the committee has not taken any decision to extend the functional operation of the Scheme to the market, the first and foremost thing to be done by the committee is to take a decision as to whether the functional operation of the Scheme has to be extended to the market. If the committee chooses to extend the functional operation of the Scheme to the market, the committee shall also take a decision as to how the functional operation of the Scheme shall be extended to the market, including the number of headload workers to be deployed, the sources from which the headload

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WPC No. 23725 of 2019 & con. Cases

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workers are to be pooled etc. While taking a decision on the aforesaid matters, the committee can certainly consider whether the work inside the market shall be assigned to the workers in any of the existing pools.

¶212

The case set out by the petitioners in W.P. (C) No.24177 of 2019 and 25887 of 2019 that the market is situated within the limits of the area set apart by the Committee for the workers included in Pool No.10 and that therefore, in the event the functional operation of the Scheme is extended to the market, they alone have the right to carry out the work inside the market, cannot be accepted as the aforesaid pool was one made without making an assessment of the work load inside the market at a point of time when the work inside the market was never in the contemplation of the Committee.

¶213

The case set out by the Board that the Chairman of the committee is empowered and competent to take a decision as to how the workers are to be deployed in an area to

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WPC No. 23725 of 2019 & con. Cases

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which the functional operation of the Scheme is extended, also cannot be accepted. Chapter II of the Scheme imposes certain restrictions on employment of headload workers from the date of commencement of the functional operation of the Scheme in an area. This chapter provides for registration of the workers as also employers who do not have workers to carry out the loading and unloading works in their establishments. Paragraph 13 of the Scheme provides that the Scheme, when brought into force, shall be administered by the Committee constituted under Section 18 of the Act. In terms of paragraph 16 of the Scheme, the Chairman of the committee shall have to carry out the decisions of the Committee for posting of headload workers who are not employed regularly under any employer; in arranging and regulating employment to such headload workers and paying them wages and in doing such acts as are necessary for implementing the Scheme in the area. Paragraph 17 of the Scheme confers on the Chairman the power to take decisions in individual cases within the frame work of the

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WPC No. 23725 of 2019 & con. Cases

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policy decided by the Committee from time to time. Paragraph 19 of the Scheme confers power on the Committee to determine the number of headload workers needed for an area. Paragraph 20 of the Scheme confers power on the Chairman to make necessary arrangements to pool the registered workers into as many groups as are needed and to locate these groups at locations decided by him. A reading of the Scheme as a whole especially those paragraphs referred to above would indicate that it is for the Committee administering the Scheme to take decisions as to the implementation of the Scheme in an area. It is also evident from the Scheme that when the committee decides to extend the functional operation of the Scheme to an area, it has to decide the number of headload workers needed for the area, provide registration to such number of workers under the Scheme, enroll employers who engage headload workers in or for establishments directly or indirectly within the area and provide workers to such employers as per their requirements. Paragraph 13 of the

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WPC No. 23725 of 2019 & con. Cases

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Scheme which provides that the Scheme shall be administered by the Committee, paragraph 16 of the Scheme which provides that the Chairman shall carry out the decisions of the Committee and paragraph 17 of the Scheme which provides that the Chairman will have power to take decisions only in individual cases, that too, within the framework of the policy decided by the committee from time to time, would indicate beyond doubt that it is for the committee to take the decision as to how the functional operation of the Scheme has to be administered in an area. Insofar as the committee is empowered with the authority, in terms of paragraph 16 of the Scheme to take decisions as regards the posting of headload workers who are not employed regularly under any employer and as regards the arrangement and regulation of employment of such headload workers including payment of their wages, the power conferred on the Chairman of the committee under paragraph 20 of the Scheme to pool the registered workers into as many groups as needed and locate these groups at locations

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WPC No. 23725 of 2019 & con. Cases

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¶225

decided by them, according to me, does not confer authority on the Chairman to decide who should carry out the work in a case of the present nature and the same is only an executive power to make necessary arrangements to pool the registered workers in a manner decided by the committee. An interpretation of the provision contained in Paragraph 20 of the Scheme as projected by the Board would make Paragraph 13 of the Scheme redundant and meaningless.

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In the result, the writ petitions are disposed of directing the Committee of the Board administering the Scheme in the area within which the market is situated, to take a decision as to whether the functional operation of the Scheme has to be extended to the market and if so, in what manner. If the committee takes a decision to extend the functional operation of the Scheme to the market, it shall also take a decision as to the number of headload workers to be deployed, the sources from which the headload workers are to be deployed etc. It is made clear that while taking a decision on

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WPC No. 23725 of 2019 & con. Cases

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¶229

the aforesaid matters, the Committee would be free to consider whether the work inside the market shall be assigned to the workers in any of the existing pools or whether a new pool has to be constituted for the said purpose by registering new workers and also by deploying workers from the existing pools. This shall be done within two weeks. Having regard to the nature of the dispute between the parties, it is also directed that until a decision is taken in this regard, status quo as on today shall be maintained as regards the work inside the market.

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Sd/-

¶231

P.B.SURESH KUMAR, JUDGE.

¶232

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WPC No. 23725 of 2019 & con. Cases

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¶235

APPENDIX OF WP(C) 23725/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF LETTER DATED 24.08.2019 DEMANDING WORK IN THE MARKET SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

¶238

EXHIBIT P2

¶239

TRUE COPY OF LETTER DATED 24.08.2019 DEMANDING WORK IN THE MARKET SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENT'S/S EXHIBITS:

¶241

EXHIBIT R4(a) A TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 18450/2015 DATED 01.08.2019

¶242

EXHIBIT R4(b) A TRUE COPY OF THE REPRESENTATION DATED 19.08.2019.

¶243

EXHIBIT R4(c) A TRUE COPY OF THE REPRESENTATION DATED 19.08.2019 SUBMITTED BEFORE THE SHO OF POLICE, PANANGAD POLICE STATION.

¶244

EXHIBIT R4(d)

¶245

A TRUE COPY OF THE QUERY UNDER RTI ACT SUBMITTED THE THEN POOL LEADER OF POOL NO. 10 DATED 21.08.2014

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WPC No. 23725 of 2019 & con. Cases

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¶248

EXHIBIT R4(e) A TRUE COPY OF THE REPLY SUBMITTED FROM THE THRIPUNITHURA SUB OFFICE OF THE COMMITTEE DATED 18.09.2014 TO THE POOL LEADER MR. N.M. ASHRAF.

¶249

EXHIBIT R4(f) A TRUE COPY OF THE QUERY SUBMITTED BY MR. C. VINOD DATED 03.08.2019.

¶250

EXHIBIT R4(g) A TRUE COPY OF THE REPLY SUBMITTED FROM THE THRIPUNITHURA SUB OFFICE OF THE BOARD DATED 24.08.2019 TO MR.C. VINOD.

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WPC No. 23725 of 2019 & con. Cases

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APPENDIX OF WP(C) 24177/2019

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PETITIONER'S/S EXHIBITS:

¶255

EXHIBIT P1	A TRUE COPY OF THE THE 1ST PETITIONER	6A CARD ISSUED TO MR.ASHRAF N.M.
EXHIBIT P2	A TRUE COPY OF THE THE 2ND PETITIONER	6A CARD ISSUED TO MR.JAMALUDHEEN P.K.
EXHIBIT P3	A TRUE COPY OF THE THE 3RD PETITIONER	6A CARD ISSUED TO MR.SUNEER K.K.
EXHIBIT P4	A TRUE COPY OF THE THE 4TH PETITIONER,	6A CARD ISSUED TO MR.SUNEER V.M.
EXHIBIT P5	A TRUE COPY OF THE THE 5TH PETITIONER,	6A CARD ISSUED TO MR.RIYAZ T.I.
EXHIBIT P6	A TRUE COPY OF THE THE 6TH PETITIONER	6A CARD ISSUED TO MR.SUNEER K.B.
EXHIBIT P7	A TRUE COPY OF THE THE 7TH PETITIONER, T.M.	6A CARD ISSUED TO MR.SAKKIR HUSSAIN
EXHIBIT P8	A TRUE COPY OF THE THE 8TH PETITIONER K.P.	6A CARD ISSUED TO MR.ABDUL LATHEEF
EXHIBIT P9	A TRUE COPY OF THE THE 9TH PETITIONER	6A CARD ISSUED TO MR.SANOJ K.M.
EXHIBIT P10	A TRUE COPY OF THE THE 10TH PETITIONER	6A CARD ISSUED TO , MR.ANZAR P.A.
EXHIBIT P11	A TRUE COPY OF THE 01.08.2019 IN W.P.( THIS HON'BLE COURT.	JUDGMENT DATED C) NO.18450/15 OF

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WPC No. 23725 of 2019 & con. Cases

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¶258

EXHIBIT P12	A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT.
EXHIBIT P13	A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 6TH RESPONDENT.
EXHIBIT P14	A TRUE COPY OF THE REPRESENTATION DATED 20.08.2019 SUBMITTED BEFORE THE 8TH RESPONDENT.
EXHIBIT P15	A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE DATED 19.08.2019.
EXHIBIT P16	A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE DATED 19.08.2019.
EXHIBIT P17	A TRUE COPY OF THE PHOTOGRAPH SHOWING THE EFFORT OF THE PETITIONERS TO UNLOAD THE WATERMELON.
EXHIBIT P18	A TRUE COPY OF THE PHOTOGRAPH OF THE SEEN OF OBSTRUCTION AND THE PRESENCE OF THE POLICE.
EXHIBIT P19	A TRUE COPY OF THE PHOTOGRAPH OF THE GATHERING OF CITU WORKERS IN THE WORK SPOT.
EXHIBIT P20	A TRUE COPY OF THE PHOTOGRAPH OF THE REAL OBSTRUCTION AT THE LORRY SITE.
EXHIBIT P21	A TRUE COPY OF THE PHOTOGRAPH OF THE BLOCKADE CREATED BY THE CITU UNION WORKERS.

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WPC No. 23725 of 2019 & con. Cases

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¶261

EXHIBIT P22 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT COLLECTOR DATED 26.08.2019. EXHIBIT P23 A TRUE COPY OF THE RECEIPT NO.M2283585/19/TDCEKM DATED 26.08.2019 ACKNOWLEDGING THE PETITIONER BEFORE THE DISTRICT COLLECTOR. EXHIBIT P24 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE SECRETARY OF THE AGRICULTURAL URBAN WHOLESALE MARKET DATED 26.08.2019. EXHIBIT P25 A TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 27.08.2019. EXHIBIT P26 A TRUE COPY OF THE QUERY UNDER THE RTI ACT SUBMITTED BY THE POOL LEADER OF POOL NO.10 DATED 21.08.2014.

¶262

EXHIBIT P27 A TRUE COPY OF THE REPLY FURNISHED BY THE TRIPUNITHURA SUB OFFICE OF THE BOARD DATED 18.09.2014.

¶263

EXHIBIT P28 A TRUE COPY OF THE QUERY SUBMITTED BY MR.C.VINOD BEFORE THE INFORMATION OFFICER OF THE SUB OFFICE OF THE BOARD DATED 03.08.2019.

¶264

EXHIBIT P29 A TRUE COPY OF THE REPLY FURNISHED BY THE TRIPUNITHURA SUB OFFICE OF THE BOARD DATED 24.08.2019 TO MR.C.VINOD.

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WPC No. 23725 of 2019 & con. Cases

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¶267

EXHIBIT P30 A TRUE COPY OF THE AGREEMENT SIGNED BETWEEN TRADE UNION LEADERS OF CITU AND 695 INTUC, DATED 22.02.1993. EXHIBIT P31 A TRUE COPY OF THE JUDGMENT DATED 11.02.2019 IN W.P.(C)NO.3522/19. EXHIBIT P32 A TRUE COPY OF THE LETTER ISSUED BY THE CHIEF EXECUTIVE OFFICER OF THE BOARD EXHIBIT P33 A TRUE COPY OF THE LETTER NO C3/293/12 DATED 30.9.2019 EXHIBIT P34 A TRUE COPY OF THE FORM C IN WHICH THE IDENTITY CARD UNDER 6A IS TO BE ISSUED AND PRESCRIBED IN THE STATUTE

¶268

RESPONDENT'S/S EXHIBITS:

¶269

EXHIBIT R5A LETTER SENT TO THE CIRCLE INSPECTOR OF POLICE DATED 30/9/2019

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WPC No. 23725 of 2019 & con. Cases

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¶272

APPENDIX OF WP(C) 25887/2019

¶273

PETITIONER'S/S EXHIBITS:

¶274

EXHIBIT P1 A TRUE COPY OF THE 26A CARD ISSUED TO THE PETITIONE R MR. ASHRAF N. M.

¶275

EXHIBIT P2 A TRUE COPY OF THE 6A CARD ISSUED TO THE PETITIONER

¶276

EXHIBIT P3 A TRUE COPY OF THE 6A CARD ISSUED TO THE PETITIONER MR. JAMALUDHEEN

¶277

EXHIBIT P4 A TRUE COPY OF THE 6A CARD ISSUED TO MR.SUNEER

¶278

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 01.08.2019 IN W.P.(C) NO.18450/15 OF THIS HON'BLE COURT.

¶279

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 19.08.2019 SUBMITTED BEFORE THE 2ND RESPONDENT.

¶280

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 26.08.2019 SUBMITTED BEFORE THE 5TH RESPONDENT.

¶281

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE DATED 19.08.2019.

¶282

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT COLLECTOR DATED 26.08.2019

¶283

EXHIBIT P10 A TRUE COPY OF THE QUERY UNDER THE RTI ACT SUBMITTED BY THE POOL LEADER OF POOL NO.10 DATED 21.08.2014.

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WPC No. 23725 of 2019 & con. Cases

¶285

¶286

EXHIBIT P11	A TRUE COPY OF THE THE TRIPUNITHURA SU BOARD DATED 18.09.2	REPLY FURNISHED BY B OFFICE OF THE 014.
EXHIBIT P12	A TRUE COPY OF THE MR.C.VINOD BEFORE T OFFICER OF THE SUB DATED 03.08.2019.	QUERY SUBMITTED BY HE INFORMATION OFFICE OF THE BOARD
EXHIBIT P13	A TRUE COPY OF THE THE TRIPUNITHURA SU BOARD DATED 24.08.2	REPLY FURNISHED BY B OFFICE OF THE 019 TO MR.C.VINOD
EXHIBIT P14	A TRUE COPY OF THE 11.02.2019 IN W.P.(	JUDGMENT DATED C) NO.3522/19.
EXHIBIT P15	A TRUE COPY OF THE NO.G/18541/2015 DAT TO THE CHAIRMAN OF DISTRICT COMMITTEE.	LETTER ED 30.08.2019 ISSUED THE ERNAKULAM
EXHIBIT P16	A TRUE COPY OF THE DISTRICT COLLECTOR	LETTER OF THE DATED 03.09.2019.
EXHIBIT P17	A TRUE COPY OF THE NO.24177/2019 DATED	ORDER IN W.P.(C) 04.09.2019.
EXHIBIT P18	A TRUE COPY OF THE DATED 3.09.2019 ISS RESPONDENT TO THE C POLICE, PANANGAD	LETTER NO C3-293/12 UED BY THE 2ND IRCLE INSPECTOR OF

¶287

RESPONDENT'S/S EXHIBITS: EXHIBIT R6(a) TRUE COPY OF IDENTITY CARD OF SHAJI M.T EXHIBIT R6(b) TRUE COPY OF IDENTITY CARD OF DANEESH P.P EXHIBIT R6(c) TRUE COPY OF NOTICE OF DLO, ERNAKULAM DATED 01/6/2015

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WPC No. 23725 of 2019 & con. Cases

¶289

¶290

EXHIBIT R6(d)	TRUE COPY OF COUNTER AFFIDAVIT OF 5TH RESPONDENT IN WPC 18450/2015
EXHIBIT R7(A)	TRUE COPY OF DEMAND DATED 21/4/2014 SUBMITTED BEFORE THE SECRETARY OF AGRICULTURAL URBAN WHOLESALE MARKET AUTHORITY.
EXHIBIT R7(B)	TRUE COPY OF COMPLAINT DATED 7/7/2014 SUBMITTED BY THE 7TH ADDITIONAL RESPONDENT BEFORE THE ASSISTANT LABOUR OFFICER, ERNAKULAM.
EXHIBIT R7(C)	TRUE COPY OF COMPLAINT DATED 11/6/2015 SUBMITTED BY POOL LEADER OF POOL NO.11 BEFORE THE DISTRICT LABOUR OFFICER, ERNAKULAM.
EXHIBIT R7(D)	TRUE COPY OF NOTICE DATED 30/6/2014 ISSUED BY THE ASSISTANT LABOUR OFFICER ERNAKULAM 1ST CIRCLE.
EXHIBIT R7(E)	TRUE COPY OF INTERIM ORDER DATED 2/9/2019 IN WPC NO.23725/2019.

¶291

WPC No. 23725 of 2019 & con. Cases

¶292

Ashraf.N.M. v. the Chief Executive Officer

Case brief

What is this about?

What did the court decide?

Ashraf.N.M. v. the Chief Executive Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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Coram

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