The High Court of Kerala rejected a petition challenging the registration of headload workers, holding that the statutory authorities followed due process and that workload availability is not a valid ground for denying registration under Rule 26A.
The writ petition was dismissed; the impugned orders of the Labour Officers were affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 9TH DAY OF JANUARY 2023 / 19TH POUSHA, 1944
WP(C) NO. 1678 OF 2015
PETITIONER/S:
SRI.N.RAGHURAJ
SMT.K.AMMINIKUTTY
RESPONDENT/S:
W.P.(C) No. 1678/2015 : 2 :
11 RATHEESH S/O.GANGADHARAN, KAITHACKAL HOUSE, AMMINIKKAD, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN - 679 322.
BY ADVS. SRI.U.K.DEVIDAS SRI.A.N.RAJAN BABU SMT.P.M.SHAHIDA SRI.THOMAS ABRAHAM, SC, KHWWB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 1678/2015
: 3 :
SHAJI P. CHALY, J.
--------------------------------------------------------W.P.(C). No. 1678 of 2015 ---------------------------------------------------------
Dated this the 9th day of January, 2023.
JUDGMENT
The petitioners have filed this writ petition challenging Exhibit P3 order dated 28.05.2014 passed by the Assistant Labour Officer, Perinthalmanna, Malappuram, respondent No.2 under Rule 26A of the Kerala Headload Workers Rules, 1981 (‘Rules, 1981’ for short) and Exhibit P7 appellate order dated 22.09.2014 passed by the District Labour Officer, Malappuram, respondent No.1, under Rule 26C of the Rules, 1981 affirming Exhibit P3 order. As per Exhibit P3 order, registration was granted to respondent Nos. 5 to 11, who are attached to the 4th respondent establishment namely M/s. Malabar Pipes and Sheets, Manathumangalam, Perinthalmanna, Malappuram.
Respondent Nos. 5 to 11 have submitted applications under Rule 26A of the Rules, 1981 before the Assistant Labour Officer, respondent No.2, which was allowed as per Exhibit P3 order dated 28.05.2014.
W.P.(C) No. 1678/2015 : 4 :
Aggrieved by the said order, the petitioners have preferred Exhibit P4 appeal dated 16.07.2014 before the District Labour Officer. The appeal was dismissed by the first respondent as per Exhibit P7 order dated 22.09.2014 holding that the appellants have not made out a case for interference with the order passed by the Assistant Labour Officer. It is, thus, challenging the legality and correctness of the said orders, the writ petition is filed.
W.P.(C) No. 1678/2015 : 5 :
necessary details from the Kerala Headload Workers Welfare Fund Board, Malappuram, respondent No.3. That apart, it is submitted that Exhibit P7 order in appeal would reveal that the third respondent had failed in addressing the labour authorities that grant of registration to respondent Nos. 5 to 11 would result in depletion of the loading and unloading work available in the area, which was being shared among the 20 workers of Pool No.4A. That apart, it is contended that a perusal of Exhibit P7 order would reveal that the first respondent was literally carried away by the statement of a clerk attached to the office of the third respondent that the headload workers of the pool No.4A had a large area of operation namely the entire Perinthalmanna and certain areas of Angadippuram Panchayat.
W.P.(C) No. 1678/2015 : 6 :
workers. The sum and substance of the contention is that the above said crucial factual aspect, which would have tilted the scales in favour of the petitioners, was never brought to the notice of the first respondent while considering Exhibit P4 appeal and passing Exhibit P7 orders. Various other incidental contentions are also raised.
W.P.(C) No. 1678/2015 : 7 :
trolly any article or articles in or from or to a vehicle or any place in such establishment or stacking articles excluding delicate or sophisticated articles, in a vehicle or unloading by sliding using manual labour from a mechanically propelled vehicle or a person who does in connection with the work in ports, the works like filling of fertilisers in sacks etc.
W.P.(C) No. 1678/2015 : 8 :
heard, the Registering Authority shall register the name of the headload worker in the Register of Headload Workers, on being satisfied that the headload worker is eligible for registration and communicate the fact to the parties within two weeks of such registration. The Registering Authority shall also issue identity card to the registered headload worker in Form XI. Other provisions are also stipulated in Rule 26A with respect to the cancellation of the registration given etc.
W.P.(C) No. 1678/2015 : 9 :
representing the Welfare Fund Board appeared before the Assistant Labour Officer for hearing. Therefore, on a reading of the order, it is clear that statutory requirements in contemplation of Rule 26A was clearly followed by the Assistant Labour Officer. Therefore, it cannot be said that Exhibit P3 order passed by the Assistant Labour Officer is, in any manner, illegal or arbitrary.
W.P.(C) No. 1678/2015 : 10 :
primary authority before granting registration to the workers with the establishment and the primary authority had identified that there are sufficient headload works in the establishment in question. It was after that that the registration was granted.
Needless to say, writ petition fails and accordingly, it is dismissed.
sd/- SHAJI P. CHALY, JUDGE.
Rv
W.P.(C) No. 1678/2015
: 11 :
APPENDIX OF WP(C) 1678/2015
PETITIONERS’ EXHIBITS P1 P1- THE PHOTOCOPY OF THE CERTIFICATE DATED 12.12.2014 ISSUED BY THE 3RD RESPONDENT P2 P2- TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.7.2014 IN WP(C) NO.17532/2014(N) P3 P3- TRUE PHOTOCOPY OF THE ORDER BEARING NO. 72/2013 DATED 28.5.2014 P4 P4- TRUE PHOTOCOPY OF THE APPEAL FILED BEFORE THE 1ST RESPONDENT DATED 16.7.2014 P5 P5- TRUE PHOTOCOPY OF THE NOTICE DATED 18.7.2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS. P6 P6- TRUE PHOTOCOPY OF THE STATEMENT DATED 29.8.2014 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. P7 P7- TRUE PHOTOCOPY OF THE ORDER BEARING NO.IR4301/2014 DATED 22.09.2014.
RESPONDENTS’ EXHIBITS: NIL
True Copy
PS To Judge.
rv
3 issues framed by the court
Whether the Appellate Authority acted illegally in dismissing the appeal against the registration of headload workers without conducting a proper inquiry.
Whether the criteria of sufficient workload availability justifies declining registration under Rule 26A of the Kerala Headload Workers Rules, 1981.
Whether the Tribunal was justified in dismissing the writ petition challenging the orders of the Labour Officers.
1 provisions across 1 enactments
A.Venugopalan
K.T.Abdul Azees Kannaruthody
The District Labour Officer Malappuram
The Assistant Labour Officer Perinthalmanna
Kerala Headload Workers Welfare Board
M.S. Malabar Pipes and Sheets
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
