SUHAIB Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to be the proprietor of a business by name "Thadathil Brothers Roofing Materials and Hardwares". According to him, he has permanent workers who are also engaged for the purpose of loading and unloading articles in the business and he alleges that respondents 5 to 7 are obstructing him and his workmen from doing so, raising untenable claims regarding right of employment.

(2.) The petitioner asserts that the area in question, where the business is being run, is not notified under the provisions of the Kerala Headload Workers Act or Scheme and he says that therefore, the respondents 5 to 7 cannot claim any right, much less a vested right, to be engaged by the petitioner in the loading and unloading works.

(3.) We notice that respondents 5 to 7 has filed a counter affidavit sworn to by the President of the 6th respondent, wherein they concede that the area in question is not a Scheme covered area. However, by way of abundant caution, we had directed the petitioner to implead the Kerala Head Load Workers Welfare Fund Board also in the party array and the petitioner had filed I.A.No.1 of 2018, which we have allowed by a separate order.