Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944 WP(C) NO. 1318 OF 2023 PETITIONER:
1 PRASANTH KUMAR.K.
AGED 39 YEARS S/O KARUNAKARAN NAIR, MANPURATHU VEEDU, KOTTIYATHARA, VITHURA P.O., NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695551 2 PRASANTH.R.S.
AGED 38 YEARS S/O RAVEENDRAN NAIR, PARAPPARA.P.O., VITHURA, THIRUVANANTHAPURAM, PIN - 695551 3 SUDHEESH.S., AGED 27 YEARS S/O SURENDRAN NAIR, SUDHI BHAVAN, KOTTIYATHARA, VITHURA.P.O., THIRUVANANTHAPURAM, PIN 695551 BY ADV A.S.SHAMMY RAJ RESPONDENTS:
1 DISTRICT LABOUR OFFICER THIRUVANANTHAPURAM LABOUR DISTRICT, THOZHIL BHAVAN, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM,, PIN - 695033 2 ASSISTANT LABOUR OFFICER (NEDUMANGAD) OFFICE OF THE ASSISTANT LABOUR OFFICER, 2ND FLOOR, REVENUE TOWER, NEDUMANGAD.P.O., THIRUVANANTHAPURAM,, PIN - 695541 3 KERALA HEADLOAD WORKERS WELFARE BOARD REPRESENTED BY ITS CHAIRMAN, KAUSTHUBHAM COMPLEX, CHENTHITTA, CHALAI P.O., THIRUVANANTHAPURAM, PIN - 695036
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4 STATION HOUSE OFFICER VITHURA POLICE STATION, VITHURA P.O., THIRUVANANTHAPURAM, PIN - 695551 5 VISHNU.K.V.
CONVENER, CITU KOPPAM UNIT, RESIDING AT KALLUVILAAKATHU VEEDU, GOPURATHINKAALA, VAANDA, KARIPOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695541 BY ADVS.
SRI.THOMAS ABRAHAM FOR R3 SRI.V.A.VINOD FOR R5 SRI.E.C.BINEESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T Dated this the 10th day of February, 2023 The 1st petitioner is owner of a Hollow Bricks Manufacturing Unit. Petitioners 2 and 3 are workers engaged by the 1st petitioner. The petitioner's industrial unit has Udyam Registration Certificate. It also holds a Consent to Establish, issued by the Pollution Control Board. The 1st petitioner is running the unit after obtaining all statutory licences. When the 1st petitioner started the industrial unit, the 5th respondent claimed the loading and unloading work in the 1st petitioner's unit. The 5th respondent represents a trade union of headload workers in the area, who are members of the local pool.
2.
The petitioners state that the 5th respondent is creating obstruction and is not permitting loading and unloading activities. The 1st petitioner submitted Ext.P12 complaint before the 4th respondent which was of no avail.
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3.
Standing Counsel entered appearance on behalf of the 3rd respondent-Kerala Headload Workers Welfare Fund Board. The Standing Counsel submitted that the area where the 1st petitioner has started the industrial unit is covered by a notification issued under the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme. The Scheme has been operationalised also. Therefore, only workers registered under the Scheme can do loading and unloading work in the area. Since the 1st petitioner does not have registered headload workers, he will have to engage the pool workers for any loading and unloading activities.
4.
Counsel entered appearance on behalf of the 5th respondent and resisted the writ petition. The 5th respondent submitted that he represents the registered headload workers in the area. Since the application for registration of petitioners 2 and 3 already stands rejected, the 1st petitioner is bound to engage the members of the 5th respondent-Union, who are pool workers, for loading and unloading activities.
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5.
The counsel for the petitioners relied on the judgments of this Court in Theresa Jose v. Sub Inspector of Police [2015 (1) KLT 485], Kerala Headload Workers Welfare Board v. Nishad [2022 (5) KLT 188] and Sunny Varghese v. Assistant Labour Officer [2022 (1) KLT 570].
6.
I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1, 2 and 4, the learned Standing Counsel representing the 3rd respondent and the learned counsel for the 5th respondent.
7.
It is evident from the writ petition that the 1st petitioner has started his industry after obtaining a Registration Certificate issued by the Ministry of Micro, Small and Medium Enterprises as is evidenced by Ext.P1. The 1st petitioner holds Consent to Establish under the Pollution Control Board. Ext.P3 is the Acknowledgment Certificate issued by the Government of Kerala, Department of Industries and Commerce under the Kerala Micro, Small and Medium Enterprises Facilitation Act, 2019.
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8.
According to the 1st petitioner, he has permanent workers, who are petitioners 2 and 3 to do the work in the industrial unit including the loading and unloading work.
Petitioners 2 and 3 have applied for registration of headload workers invoking Rule 26(A) of the Kerala Headload Workers Rules. Ext.P7 is a physical fitness certificate issued to the 2nd petitioner.
9.
The Assistant Labour Officer has rejected the application for registration submitted by petitioners 2 and 3 as per Ext.P10. The application for registration has been rejected on the ground that giving registration to petitioners 2 and 3 would adversely affect the existing registered headload workers in the area. Aggrieved by Ext.P10, petitioners 2 and 3 have preferred Ext.P11 statutory appeal before the District Labour Officer.
10.
Taking into consideration the entire facts and circumstances of the case, I am of the view that the 1st petitioner having started the industrial unit after obtaining necessary statutory licences, should be permitted to carry out
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his work engaging his own workers till the District Labour Officer takes a final decision in the appeal. At the same time, it is to be ensured that the headload workers under the pool are not denied their statutory rights if any. The issue is now pending consideration before the District Labour Officer as per Ext.P11.
In the facts of the case, the writ petition is disposed of directing that the 1st petitioner may carry out his loading and unloading activities by engaging petitioners 2 and 3, subject to the final outcome of Ext.P11 appeal. If the 1st petitioner is engaging any person other than petitioners 2 and 3, such engagement shall only be from the headload workers' pool. In the event of the District Labour Officer finding against the 1st petitioner in the appeal pending before him, the 1st petitioner will be liable to compensate the registered headload workers for the loss of income sustained by them.
Sd/- N. NAGARESH JUDGE sss
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APPENDIX OF WP(C) 1318/2023 PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE ISSUED BY THE GOVERNMENT OF INDIA DATED 12.05.2022 TO THE 1ST PETITIONER'S HOLLOW BRICK'S UNIT NAMELY "K.P.R. HOLLOW BRICKS".
EXHIBIT P2 TRUE COPY OF THE 'CONSENT TO ESTABLISH' CERTIFICATE ISSUED BY THE POLLUTION CONTROL BOARD TO THE 1ST PETITIONER'S HOLLOW BRICK'S UNIT NAMELY "K.P.R.
HOLLOW BRICKS" DATED 08.06.2022.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA DATED 19.09.2022 TO THE 1ST PETITIONER'S HOLLOW BRICK'S UNIT NAMELY "K.P.R. HOLLOW BRICKS".
EXHIBIT P4 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE VITHURA GRAMA PANCHAYATH TO THE 1ST PETITIONER DATED 07.10.2022.
EXHIBIT P5 TRUE COPY OF THE GST REGISTRATION CERTIFICATE ISSUED BY THE GOVERNMENT OF INDIA TO THE 1ST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE LICENCE ISSUED BY THE VITHURA GRAMA PANCHAYAT TO THE 1ST PETITIONER DATED 11.01.2023.
EXHIBIT P7 TRUE COPY OF THE ONLINE APPLICATION DATED 22.11.2022 FILED BY THE 2ND PETITIONER FOR GETTING REGISTRATION, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE.
EXHIBIT P8 TRUE COPY OF THE ONLINE APPLICATION DATED 22.11.2022 FILED BY THE 3RD PETITIONER FOR GETTING REGISTRATION, ALONG WITH HIS MEDICAL FITNESS CERTIFICATE.
EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 17.12.2022.
EXHIBIT P10 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 31.12.2022.
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EXHIBIT P11 TRUE COPY OF THE APPEAL PETITION FILED BY THE PETITIONERS 2 AND 3 BEFORE THE 1ST RESPONDENT DATED 31.12.2022.
EXHIBIT P12 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT BY 1ST PETITIONER DATED 30.12.2022.