Prasanth Kumar.K vs District Labour Officer
2023 Latest Caselaw 2171 Ker

         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
 WP(C) No.1318 of 2023
                             :2 :


     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:
 WP(C) No.1318 of 2023
                                :3 :




                        JUDGMENT

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 1 st petitioner is

running the unit after obtaining all statutory licences. When

the 1st petitioner started the industrial unit, the 5 th respondent

claimed the loading and unloading work in the 1 st 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. WP(C) No.1318 of 2023

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 1 st 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 5 th

respondent and resisted the writ petition. The 5 th 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 1 st petitioner is bound to

engage the members of the 5 th respondent-Union, who are

pool workers, for loading and unloading activities. WP(C) No.1318 of 2023

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 3 rd

respondent and the learned counsel for the 5 th respondent.

7. It is evident from the writ petition that the 1 st

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 1 st

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. WP(C) No.1318 of 2023

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 2 nd

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 1 st

petitioner having started the industrial unit after obtaining

necessary statutory licences, should be permitted to carry out WP(C) No.1318 of 2023

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 1 st 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 1 st

petitioner in the appeal pending before him, the 1 st petitioner

will be liable to compensate the registered headload workers

for the loss of income sustained by them.

Sd/-

N. NAGARESH JUDGE sss WP(C) No.1318 of 2023

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.

WP(C) No.1318 of 2023

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.