KARUNAKARA KURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) Does the employer have the right to employ persons of his own choice for loading and unloading the goods This question was answered by a Division Bench of this Court in Ibrahimkutty v. Superintendent of Police, 1991 (1) KLT 829 in the affirmative. Speaking for the Bench, Chief Justice Malimath had expressed the view that the right of an employer to carry on his business by engaging labourers of his own choice cannot be denied to him. This view was reiterated by Chief Justice Jagannadha Rao (as His Lordship then was) in Kochayyan Subrahmanian v. Cochin Cadalas (P) Ltd., 1992 (2) KLT 269 . It was observed that on a perusal of the provisions of the Headload Workers Act and the Rules, we do not find any provision therein conferring any preferential right for employment on the registered headload workers, in the absence of any scheme made under S.13. When this matter was placed before the Division Bench, Justice Mohan Kumar had followed the view taken by the two Division Benches. However, Rajendra Babu, J. had expressed reservations. Thus, the matter was ultimately referred to a Full Bench.

(2.) Rajendra Babu, J. has considered the matter. On a perusal of the order, I regret my inability to agree with the order proposed by him. Hence, this separate note.

(3.) The facts have been elaborately noticed by his Lordship. These may briefly be recapitulated.