Registered Headload Workers Must Be Engaged For Loading & Unloading Delicate Or Sophisticated Items In Scheme-Covered Areas If They Possess Required Skills & Experience In Handling Them: Kerala HC
The Kerala High Court held that if the registered headload workers in a Scheme covered area have the requisite skill and experience in handling delicate or sophisticated articles, they are bound to be engaged in the loading and unloading work.
The Court was hearing a Writ Petition seeking directions to respondents to provide adequate and effective Police protection to the Petitioner and its workers for carrying out loading activity in the warehouse and for running the logistic business without any threat, hindrance or obstruction from the members of the respondent Unions.
The bench of Justice VG Arun observed, “…if the registered headload workers in a Scheme covered area are having the requisite skill and experience in handling delicate or sophisticated articles, they are bound to be engaged for the loading and unloading work.”
Senior Advocate AV Thomas appeared for the Appellant and Government Pleader Rekha C Nair appeared for the Respondent.
Brief Facts-
The Petitioner firm, engaged in logistics work, is responsible for storing and transporting sensitive electronic equipment and goods. The firm has constructed a warehouse where the Kerala Headload Workers Scheme, 1983 applies. The Petitioner claimed that registered headload workers in the area are obstructing loading and unloading activities at the warehouse.
The Court noted, “It is evident from the provisions that the law makers had not envisaged a situation where the registered headload workers themselves are skilled persons. The omission probably was due to the general perception that headload workers survive on their physical ability and brawn alone.”
“...many among the headload workers, especially the youngsters, are well educated and capable of acquiring the special skills required for handling sophisticated or delicate articles. It is for the Government and the Headload Workers Welfare Fund Board to take necessary steps in that regard. If not, the laudable objective of the Act will be defeated by every other employer claiming that the headload works in his establishment require the service of persons with special skills.”, the Court further noted.
The Court said that the grant of Police protection, without exhausting the alternative remedy under Section 21 of the Kerala Headload Workers Act, 1978 where the Assistant Labour Officer is conferred with the power to convene a conciliation conference, would be inappropriate.
Accordingly, the Court disposed of the Writ Petition.
Cause Title: M/s RK Ventures v. District Superintendent of Police (Neutral Citation: 2024:KER:69959)
Appearance:
Appellant: Senior Advocate AV Thomas, Advocates Baby Kuriakose and MV Ashim
Respondent: GP Rekha C Nair, Advocates PK Ibrahim, KS Arun Kumar, KP Ambika, Zeenath PK, Jabeena KM, Anaz Bin Ibrahim, Sathisan P., Javed Haider, Abhiram Sunish, Shibu BS and Biju P Paul