LAWS(KER)-2016-12-109

A. BASHEER, AGED 40, S/O. MUHAMMED, ACHARATH HOUSE, CHATHANNUR P.O., THIRUMITTAKODE, PALAKKAD DISTRICT Vs. THE DISTRICT LABOUR OFFICER, PALAKKAD, PIN

Decided On December 16, 2016
A. Basheer, Aged 40, S/O. Muhammed, Acharath House, Chathannur P.O., Thirumittakode, Palakkad District Appellant
V/S
The District Labour Officer, Palakkad, Pin Respondents

JUDGEMENT

(1.) The petitioner is an unattached worker in Chathannoor, Palakkad District. He approached this Court challenging registration given to the respondents 4 to 7 under the establishment of 3rd respondent. Respondents 4 to 7 applied for registration under the 3rd respondent under Rule 26A of the Kerala Headload Workers Rules. This was rejected by Assistant Labour Officer, as per Ext.P1 dated 18.07.2016. Thereafter, an appeal was preferred by the respondents 4 to 7 before the District Labour Officer. The appeal was allowed. It is challenging this Order, the petitioner has filed this writ petition.

(2.) The petitioner raised 2 contentions. One is that, identity of respondents 4 to 7 is questionable. Secondly, it is contended that the unattached worker in the area got the primacy for engagement as it is a scheme covered area.

(3.) On the other hand, the learned counsel for the party respondents points out to the identity card issued to each of the respondents 4 to 7. It is submitted that the identity card has been issued after verifying the identity of each person. It is further submitted that unattached worker in the scheme area has no primacy for employment and every permanent worker working under establishment has the right to get registered in terms of Rule 26A of the Kerala Headload Workers Rules.