SREEMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to challenge Ext.P4 order issued by the 2nd respondent appellate authority in an appeal filed by the 4th respondent herein against a registration granted by the 3rd respondent under the provisions of Rule 26A of the Kerala Headload Workers Rules, 1981 (hereinafter referred to as the "Rules").

(2.) The 6th petitioner unit herein is the employer in question. Petitioners 1 to 5 are stated to be in the rolls of the 6th petitioner herein. The 6th petitioner, it is not in dispute, is situated in a Scheme covered area. Petitioners 1 to 5 were arrayed by the 6th petitioner herein, for issuing cards under the provisions of Rule 26A of the Rules. The 3rd respondent herein issued Ext.P1 order dtd. 10/4/2017, finding that petitioners 1 to 5 have been carrying on the activity of the headload work at the 6th petitioner unit herein and hence, if registration is being extended to the said petitioners, that may not be causing any loss of employment to others, especially when the 6th petitioner unit is carrying on the activities in an enclosed compound. The 4th respondent herein chose to file a further appeal against the findings in Ext.P1 order, as evidenced by Ext.P2 before the appellate authority. The 6th petitioner - the employer - also filed its objections as evidenced by Ext.P3.

(3.) The matter was considered by the appellate authority, leading to the issuance of Ext.P4 order dtd. 2/2/2018. The appellate authority, upon enquiry, found that petitioners 1 to 5 were not employed in the unit in question. Therefore, they are not entitled for any registration, especially when a dispute as regards the claim of other headload workers was pending. Finding thus, the appeal filed by the 4th respondent came to be allowed by the order at Ext.P4.