V SAKKARIA Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER claims to be the Managing Partner of the firm m/s. Popular Traders engaged in the business of wholesale dealership of grocery in Karingallathani, Malappuram District. According to the petitioner, he has three permanent workers attached to the shop and they are registered workers under the kerala Headload Workers Act, with identity cards. Petitioner submits that in spite of the fact that he has permanent registered workers to do loading and unloading work, he is prevented from doing so, by respondents 3 and 4. A plea for protection was not reached to. Hence this writ petition.

(2.) A detailed counter affidavit have been filed by respondents 3 and 4 where it is contended that registration of the permanent workers of the petitioner was without their knowledge and they have preferred any appeal before the District Labour officer. Reference has been also made to Ext. R3 (a) which amounts to an appeal by the Chairman of the Headload Workers welfare Fund Board.

(3.) PETITIONER as an employer is entitled to engage his own permanent workers, to do loading and unloading even in scheme covered area, subject to the condition that such workers should also be registered under the Kerala Headload Workers Act and the scheme. If he wants to engage other workers in the scheme covered area, then he should necessarily engage persons from the pool.