MAKKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue which arises for consideration in these Writ Petitions pertain to the registration of head load workers under the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 ('the Scheme' for brevity) and pooling and deployment of the registered head load workers.

(2.) The petitioners and the party respondents in the Writ Petitions are head load workers having registration and issued with identity cards under Rule 26A of the Headload Workers Rules, 1981. In June, 2017, the Scheme was functionally implemented in the Methala-Udyam Kavala area in Asamannur Grama Panchayat. Thereupon, the petitioners and the party respondents, who were already registered and issued with identity cards under Rule 26A, submitted applications for registration under the Scheme. The Board granted registration to 12 members belonging to the STU (Swathanthra Thozhilali Union), 14 members belonging to the CITU (Centre of Indian Trade Unions) and 5 members belonging to the AITUC (All India Trade Union Congress). Even though 12 members belonging to INTUC (Indian National Trade Union Congress) had submitted applications for registration, that was not granted. The disputes amongst the head load workers belonging to different trade unions arose from that point, leading to the filing of these Writ Petitions, the necessary details of which are as under:-

(3.) The Board seeks to justify its actions by stating thus:-