Sudha Traders v. The District Labour Office - Kerala High Court, 10 March 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THUR AY, THE 10TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 WP(C) NO. 3000 OF 2022 PETITIONER/S: 1 SUDHA TRADERS 1/290-1, PULLANVILA VEEDU, KARIYIL, KAZHAKUTTOM, THIRUVANANTHAPURAM-695582, REPRESENTED BY ITS PROPREITOR, SUDARSANAM.M, AGED 68, S/O MADHAVAN, MADHAVAN MANDIRAM, KARIYIL, KAZHAKUTTOM, THIRUVANANTHAPURAM-695582. 2 DEEPU J.CHANRAN,AGED 20 YEARS S/O JAYACHANDRAN.D, MANAKATTIL VEEDU, S.N.NAGAR, KULATHOOR(P.O), THIRUVANANTHAPURAM-695583. 3 MIDHUN.B, AGED 27 YEARS S/O BABU.S, NITHIN NIVAS, PAATTAVILAKAM, VAKKOM(P.O), THIRUVANANTHAPURAM-695308. BY ADVS. K.RAJESH KANNAN M.RAMASWAMY PILLAI AJITH C.R. SEETHA.P RESPONDENT/S: 1 THE DISTRICT LABOUR OFFICER DISTRICT LABOUR OFFICE, THOZHIL BHAVAN, THIRUVANANTHAPURAM-695036. 2 THE ASSISTANT LABOUR OFFICER THIRUVANANTHAPURAM-II CIRCLE, KAZHAKUTTOM, THIRUVANANTHAPURAM-695582. WP(C) NO. 3000 OF 2022 ..2.. 3 KERALA HEADLOAD WORKERS WELFARE BOARD, KAZHAKKUTTOM UNIT, KAZHAKKKUTTOM SUB OFFICE, KAZHAKUTTOM.P.O, THIRUVANANTHAPURAM-695582, REPRESENTED BY ITS CHAIRMAN. BY ADV THOMAS ABRAHAM OTHER PRESENT: Sr GP SRI JUSTIN JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 3000 OF 2022 ..3.. JUDGMENT The writ petition is filed challenging Ext.P10 order passed by the 2nd respondent and Ext.P12 appellate order passed by the 1st respondent. According to the petitioners, the 1st petitioner is a proprietorship business firm in harware business. Since the activities of the 1st petitioner includes loading and unloading the materials to and from the shop, the 1st petitioner has engaged petitioners 2 and 3 for the purpose of headload works. The petitioners 2 and 3 have made Exts.P7 and P8 applications under Section 26A of the Kerala Headload Workers Rules, 1981 (hereinafter referred to as 'the Rules'). The said applications are rejected by Ext.P10 order of the 2nd respondent stating that, if the petitioners 2 and 3 are issued with identity cards, there is every chance that there will be reduction of employment in the area. Ext.P10 was taken in appeal and the 1st respondent by Ext.P12 order has rejected the appeal,

WP(C) NO. 3000 OF 2022 ..4.. stating that already there are 15 headload workers in the area and that the employment opportunities are very low in that area and if the petitioners 2 and 3 are also given identity cards, that will affect the income as well job opportunities of other identity card holders of the locality.

The right of the employees attached to establishments to obtain registration as headload workers even in scheme covered areas have been upheld by this Court.

This Court in Brijesh John and Others v. Assistant Labour Officer and Others [2022 (1) KHC 58] has held that orders issued by the Registering Authority, as well as the Appellate Authority rejecting the application on the ground that issuance of new identity cards would affect the livelihood of others is not a valid reason in the eyes of law. The reduction of income or job opportunities for existing headload

WP(C) NO. 3000 OF 2022 ..5.. workers is not at all a ground under law for denying registration to workers who are willing to do loading and unloading works.

In view of the above, I am of the opinion that Exts.P10 and P12 orders passed by respondents 2 and 1 respectively are not sustainable and hence set aside. There will be a direction to the 2nd respondent to register the petitioners 2 and 3 as headload workers attached to the 1st petitioner firm and issue fresh identity cards under Section 26A of the Rules, if their applications are otherwise in order, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is allowed. MURALI PURUSHOTHAMAN JUDGE SB/10/03/2022

WP(C) NO. 3000 OF 2022 ..6.. APPENDIX OF WP(C) 3000/2022 PETITIONER EXHIBITS Exhibit P1OF THE LICENCE DATED 28.10.2021 ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM. Exhibit P2OF THE GST REGISTRATION CERTIFICATE ISSUED TO THE 1ST PETITIONER ON 15.8. 21. Exhibit P3OF THE INVOICE DATED 15.10.2021 ISSUED TO THE 1ST PETITIONER FOR THE MATERIALS PURCHASED. Exhibit P4OF THE BILL DATED 23.10.2021 ISSUED BY ALL KERALA HEADLOAD WORKERS UNION, AITUC FOR AN AMOUNT OF RS.9,433/- ALONG WITH TRUE ENGLISH TRANSLATION. Exhibit P5OF THE BILL DATED 23.10.2021 ISSUED BY THIRUVANANTHAPURAM DISTRICT HEADLOAD GENERAL WORKERS UNION, CITU, KAZHAKOOTTAM FOR AN AMOUNT OF RS.9.433/- ALONG WITH TRUE ENGLISH TRANSLATION Exhibit P6OF THE BILL DATED 23.10.2021 ISSUED BY THE HEADLOAD AND LOADING WORKERS CONGRESS, INTUC FOR AN AMOUNT OF RS.9,433/- ALONG WITH TRUE ENGLISH TRANSLATION Exhibit P7OF THE APPLICATION DATED 21.10.2021 IN FORM IX UNDER 26A SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P8OF THE APPLICATION DATED 21.10.2021 IN FORM IX UNDER RULE 26A SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9OF THE REPRESENTATION DATED 29.11.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION.

WP(C) NO. 3000 OF 2022 ..7.. Exhibit P10OF THE ORDER NO.HL 48/2021 DATED 9.12.2021 ISSUED BY THE 2ND RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION Exhibit P11OF THE APPEAL MEMORANDUM DATED 13.12.2021 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION. Exhibit P12OF THE ORDER NO.G(2)24675/21 DATED 13.1.2022 PASSED BY THE 1ST RESPONDENT ALONG WITIH TRUE ENGLISH TRANSLATION. Exhibit P13OF THE JUDGMENT DATED 17.12.2021 IN W.P.(C)NO.9236/2021.