MERCHANTS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) Clause 29A introduced with effect from 18.11.2002 of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 (hereinafter referred to as 'the Scheme') framed under the Kerala Headload Workers Act (hereinafter referred to as 'the Act') is questioned in this case as unconstitutional and ultra vires of the provisions of the Act. Kerala Headload Workers Act, 1978 (Act No. 20 of 1980) is a unique legislation to regulate the employment of headload workers in the State and to make provision for their welfare, settlement of disputes in respect of their employment or non-employment and other connected matters. There is no such legislation in any other States in India. There were many disputes in the State of Kerala regarding engagement/employment of headload workers. Because of the powerful unions organised by the headload workers, the workers used to charge exorbitant rates for each headload they carry. There were inter-union rivalries also. Since headload workers were engaged as and when necessary, there was no security of employment or retiral or medical benefits. Therefore, this legislation was enacted. Even though the Act is applicable to the whole State of Kerala, the Scheme made under the Act for the welfare of headload workers and health and safety measures are applicable only in the areas notified. In the scheme covered area only headload workers registered under the scheme and allotted by the committee can do the work of loading and unloading work except the attached permanent workers of an establishment. Even they need registration as attached workers. Whenever headload workers are needed, the establishment has to request the Committee constituted under the Scheme for sending headload workers and it is for the committee to send the workers to the establishment according to the need.

(2.) Section 13 of the Act reads as follows:

(3.) Clause 29A of the Scheme introduced from 18.11.2002 is as follows: