Kerala High Court
K.Vinod Kumar vs Kerala Medical Services Corporation ... on 3 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:8464
WA Nos.99/2025 & 2183/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WA NO. 99 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 21.02.2024 IN WP(C)
NO.30171 OF 2021 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 4 TO 7:
1 K.VINOD KUMAR,
AGED 63 YEARS
KALATHIL HOUSE, WEST HILL P.O.,
KOZHIKODE, PIN - 673005
2 SUNIL KUMAR,
AGED 49 YEARS
SREEPUSHPPAM HOUSE,
EDAKKODE P.O.,
KOZHIKODE,, PIN - 673005
3 LALU A.K.
AGED 41 YEARS
KUMALAKKAMMADATHIL,
SANTHINAGAR COLONY,
WEST HILL P.O.,
KOZHIKODE,, PIN - 673005
4 SHAFEER N.P.,
AGED 36 YEARS
NALUKUDY PARAMBU, WEST HILL P.O.,
KOZHIKODE,, PIN - 673005
BY ADVS.
ARJUN RAGHAVAN
T.R.HARIKUMAR
2025:KER:8464
WA Nos.99/2025 & 2183/2024
2
RESPONDENT(S)/PETITIONERS & RESPONDENTS 1 TO 3:
1 KERALA MEDICAL SERVICES CORPORATION LTD.,
(REPRESENTED BY ITS MANAGING DIRECTOR),
REGISTERED OFFICE, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
2 THE MANAGER,
DISTRICT DRUG WAREHOUSE,
KOZHIKODE DISTRICT, KARUVANNUR P.O.,
NADUVANNUR VIA, KOZHIKODE, PIN - 673614
3 THE DISTRICT LABOUR OFFICER,
OFFICE OF THE DISTRICT LABOUR OFFICER,
WAYANAD ROAD, CIVIL STATION P.O.,
KOZHIKODE, PIN - 673020
4 THE DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
KOZHIKODE CIVIL STATION,
KOZHIKODE, PIN - 673020
5 THE DISTRICT SECRETARY,
KOZHIKODE DISTRICT,
KAYATTIRAKKU THOZHILALI UNION (INTUC),
JAVAHAR BUILDINGS, K.P.KESAVA MENON ROAD,
KOZHIKODE, PIN - 673001
SRI M AJAY SC SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.02.2025, ALONG WITH WA.2183/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:8464
WA Nos.99/2025 & 2183/2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WA NO. 2183 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 21.02.2024 IN WP(C)
NO.19659 OF 2020 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONERS:
1 K. VINOD KUMAR
AGED 63 YEARS
KALATHIL HOUSE, WEST HILL,
KOZHIKODE, PIN-673 005.
NEW ADDRESS KALATHIL HOUSE, WEST HILL,
KOZHIKODE, PIN - 673005
2 LALU.A.K.
AGED 41 YEARS
KUMALAKKAMMADATHIL, SANTHINAGAR COLONY,
WEST HILL, KOZHIKODE, PIN-673 005.
NEW ADDRESS KUMALAKKAMMADATHIL,
SANTHINAGAR COLONY, WEST HILL,
KOZHIKODE, PIN - 673005
3 SUNILKUMAR.M.
AGED 49 YEARS
SREEPUSHPPAM HOUSE, EDAKODE P.O.,
KOZHIKODE, PIN-673 005., PIN - 673005
4 SHAFEER.N.P.
AGED 36 YEARS
NALUKUDY PARAMBU, WEST HILL,
KOZHIKODE, PIN-673 005., PIN - 673005
2025:KER:8464
WA Nos.99/2025 & 2183/2024
4
BY ADVS.
ARJUN RAGHAVAN
T.R.HARIKUMAR
RESPONDENT(S)/RESPONDENTS:
1 THE KERALA MEDICAL SERVICES CORPORATION LTD,
REPRESENTED BY ITS MANAGING DIRECTOR,
NEAR WOMEN AND CHILDREN HOSPITAL,
HEALTH AND WELFARE FAMILY COMPOUND, THYCAUD,
THIRUVANANTHAPURAM-695 014., PIN - 695014
2 THE MANAGING DIRECTOR,
KERALA MEDICAL SERVICES CORPORATION LTD.,
NEAR WOMEN AND CHILDREN HOSPITAL,
HEALTH AND WELFARE FAMILY COMPOUND, THYCAUD,
THIRUVANANTHAPURAM-695 014., PIN - 695014
3 THE MANAGER, DISTRICT DRUG WAREHOUSE,
KERALA MEDICAL SERVICES CORPORATION LTD.,
KARUVANNUR P.O., NADUVANNUR VIA KOZHIKODE-
KUTTIADY HIGHWAY, KOZHIKODE-673 614.,
PIN - 673614
4 THE DISTRICT LABOUR OFFICER,
OFFICE OF THE DISTRICT LABOUR OFFICER,
WAYANAD ROAD, ERANHIPAALAM, MALABAR HOSPITAL,
CIVIL STATION, PALATTUTHAZHAM,
KOZHIKODE-673 020., PIN - 673020
5 THE DEPUTY LABOUR COMMISSIONER,
APPELLATE AUTHORITY UNDER HEAD LOAD WORKERS ACT,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
KOZHIKODE-673 020., PIN - 673020
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.02.2025, ALONG WITH WA.99/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:8464
WA Nos.99/2025 & 2183/2024
5
JUDGMENT
[WA Nos.99/2025, 2183/2024]
Amit Rawal, J.
For the reasons stated in the affidavits
accompanying C.M.Appln.Nos.1 of 2025 and 2 of 2024,
delay of 215 days in filing W.A.No.99 of 2025 and delay of
208 days in filing W.A.No.2183 of 2024 are condoned.
2. The dispute between the management ie.,
Kerala Medical Services Corporation LTD., a procurer of
medical equipments from the owners and supplying to the
Government institutions, and the union representatives
arose for fixation of the fare. The settlement Ext.P3 was
entered into to share half of the loading and unloading
charges, as the role of the Kerala Medical Services
Corporation was for reloading. As per the provisions of
Kerala Headload Workers Act, as and when such complaint is
submitted, a conciliation proceeding is to be conducted by
Assistant Labour Officer under section 21 of the Kerala
2025:KER:8464
WA Nos.99/2025 & 2183/2024
Headload Workers Act. The matter was forwarded to the
District Labour Officer (DLO) and vide order dated
22.11.2017, the DLO had increased the wages from Rs.55
paise per Kg to Rs.75 paise.
3. Headload workers moved an application for
writ of mandamus for implementation of the order of the
DLO and appellate authority W.P.(C)Nos.19659 of 2020,
whereas the Kerala Medical Services Corporation filed
W.P(C).No.30171 of 2021 to challenge the same. Both the
writ petitions aforementioned have been disposed of by a
common judgment by the single bench only on the point of
non compliance of the provisions of Section 21 of the
Headload Workers Act that there was not enough
conciliation proceedings. Though, after the judgment, a
review application was filed by the headload workers,
placing on record the conciliation proceedings, but that was
dismissed on the point that one more conciliation would not
affect the matter.
2025:KER:8464
WA Nos.99/2025 & 2183/2024
4. Sri.Arjun Raghavan, learned counsel
appearing on behalf of the appellants submitted that the
entire thrust of the judgment of the Single Bench had been
only on non compliance of the provisions of section 21 of the
Kerala Headload Workers Act and not on other points
whereas it was a factual error pointed out in review
application, but of no avail.
5. On the other hand, Sri.M.Ajay, learned
counsel appearing on behalf of the Kerala Medical Services
Corporation Ltd., submitted that the stand of the
Corporation in paragraph No.6 of their writ petition was
categoric and coherent with regard to the settlement dated
11.03.2016 with various unions ie., outside headload
workers and union for sharing of the loading and reloading
charges and that was the core issue to be looked upon by
the Assistant Labour Officer, DLO as well as the Appellate
Authority.
5. We have heard the learned counsel for the
2025:KER:8464
WA Nos.99/2025 & 2183/2024
parties and appraised the paper books.
6. No doubt, the learned Single Bench has only
deliberated upon the non-compliance of the provisions of
Section 21 where it is incumbent upon the Assistant Labour
Officer, the DLO to hold the conciliation proceedings for
arriving at a just and amicable settlement in respect of a
dispute between the employer and the unions. The stand of
the employer had throughout been that there was a
settlement where their role was only for reloading and it was
to be offset by sharing the loading charges by the unions
and outside headload workers. That fact has totally been
omitted by all the competent authorities ie., Assistant
Labour Commissioner, DLO as well as the Appellate
Authority, thus, in case the order under challenge is
maintained, perhaps Kerala Medical Association would be at
liberty to raise that point.
7. We thus direct the DLO to take a call, taking into
consideration the entire material for arriving at a just and
2025:KER:8464
WA Nos.99/2025 & 2183/2024
efficacious remedy within a time line of three(3) months
from the date of receipt of certified copy of this judgment.
Appeals stand disposed off.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
nak
