Kerala High Court
Sajith vs Assistant Labour Officer on 15 December, 2025
2025:KER:96668
W.P (C) No.44608/2025 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947
WP(C) NO. 44608 OF 2025
PETITIONER/S:
1 SAJITH,
AGED 33 YEARS
S/O. MOIDEEN, THOTTASSERI HOUSE, PANDALLUR, KADAMBODE
P.O., MALAPPURAM DISTRICT, PIN - 676521
2 KUNHUKUTTAN E.,
AGED 52 YEARS
S/O. VELU, EDAPPALATH HOUSE, THAMARASSERI, PAYYANAD
P.O., MANJERI, MALAPPURAM DISTRICT, PIN - 676122
3 JAISIK SUHAIL,
AGED 31 YEARS
S/O. ABDUL MAJEED, AREEKKADAN HOUSE, PULIYILANGADI,
ANAKKAYAM P.O., MALAPPURAM DISTRICT, PIN - 676509
4 NISHAD P.K.,
AGED 31 YEARS
S/O. KUNHARMUTTY, PALLIKKADAN HOUSE, PULIYILANGADI,
ANAKKAYAM P.O., MALAPPURAM DISTRICT, PIN - 676509
BY ADVS.
SRI.T.V.GEORGE
SMT.LINDA GEORGE
SMT.KRISHNA S.
SHRI.VINOD PETER
RESPONDENT/S:
1 ASSISTANT LABOUR OFFICER,
OFFICE OF THE ASSISTANT LABOUR OFFICER, TIRUR,
MALAPPURAM DISTRICT, PIN - 676101
2025:KER:96668
W.P (C) No.44608/2025 -2-
2 DISTRICT LABOUR OFFICER AND APPELLATE AUTHORITY,
KERALA HEADLOAD WORKERS RULE 1981, OFFICE OF THE
DISTRICT LABOUR OFFICER, CIVIL STATION, MALAPPURAM
DISTRICT, PIN - 676505
3 THE CHAIRMAN,
KERALA HEADLOAD WORKERS WELFARE BOARD, MANJERI,
NILAMBUR ROAD, MALAPPURAM DISTRICT, PIN - 676121
4 ACE RADS MARKETTING LLP,
21/58-N P Q R, PANDIKKAD ROAD, MANJERI, REPRESENTED BY
ITS MANAGING DIRECTOR, PIN - 676122
BY ADV SHRI.K.S.ARUN KUMAR
OTHER PRESENT:
SMT. SILPA N.P (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.11.2025, THE COURT ON 15.12.2025 DELIVERED THE FOLLOWING:
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W.P (C) No.44608/2025 -3-
JUDGMENT
The petitioners contend that they are engaged as headload workers in the 4th respondent establishment. They are aggrieved by the fact that their application for registration in terms of the provisions contained in Rule 26A of the Kerala Headload Workers Rules, 1981 ('the 1981 Rules') has been rejected by Ext.P11 order of the Assistant Labour Officer, Malappuram. Though an appeal was filed against Ext.P11 order, that appeal was also dismissed by the District Labour Officer, Malapuram, through Ext.P13 order.
2. The learned counsel for the petitioners contends that the applications for registration under Rule 26A of the 1981 Rules filed by the petitioners were rejected on the ground that the records to be maintained by the 4th respondent were not produced before the original authority or the Appellate Authority. It is asserted that the documents marked as Exts.P1 to P7 were produced by the employer before both the original authority and also before the Appellate Authority. It is stated that these records would support the petitioners' claim for the grant of registration under Rule 26A of the 1981 Rules. The counsel also asserts that the original authority and the Appellate Authority rejected the applications filed for registration under Rule 26A of the 1981 Rules without providing any valid justification or reason for their decision.
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3. The learned Government Pleader and the learned counsel representing the Headload Workers Boardwould submit that it is evident from a careful examination ofthe order of the original authority and the order of the Appellate Authority that the records presented before the authorities in support of the applications for registration were not records maintained in accordance with the provisions of the Kerala Headload Workers Act, 1978 ("the 1978 Act") and the 1981 Rules. It is further asserted that to uphold an application for registration under Rule 26A of the 1981 Rules, the petitioners must have produced all records maintained in accordance with the provisions of both the 1978 Act and the 1981 Rules to substantiate their claim for registration. The learned Government Pleader and the learned counsel for the Headload Workers Board also refer to Rule 27 of the 1981 Rules to emphasize the requirement for records to be maintained in a specific format. It is submitted that given the acknowledged failure to comply with this requirement, the petitioners are not entitled to registration under Rule 26A of the 1981 Rules.
4. Having heard the learned counsel for the petitioners, learned Government Pleader and the learned counsel appearing for the Headload Workers Board, I am of the opinion that Exts.P11 and P13 orders are liable to 2025:KER:96668 W.P (C) No.44608/2025 -5- be set aside. The contention of the learned Government Pleader and the learned counsel for the Headload Workers Board that when the records as contemplated by the provisions of the 1978 Act and the 1981 Rules framed thereunder have not been maintained, the application for registration under Rule 26 A of the 1981 Rules has to be rejected is prima facie attractive. IHowever this contention must fail on deeper scrutiny. Section 29 of the 1978 Act contemplates the imposition of a penalty on the employer for not maintaining records as contemplated by the 1978 Act and the 1981 Rules framed thereunder. A reading of Rule 26A of the 1981 Rules will indicate that an application for registration is made by an employee, not by the employer. Therefore, the question that arises for consideration is whether the application for registration filed by an employee can be rejected on the ground that the employer has not maintained certain records that he was required to maintain in terms of the provisions contained in the 1978 Act and the 1981 Rules. Unless the provisions of Rule 26A were to indicate to the contrary, the answer to the above question must be an emphatic no. In other words, an employee who filed an application under Rule 26A cannot be penalised for any failure on the part of the employer to maintain the records as mandated by the provisions contemplated in the 1978 Act and the 1981 Rules framed thereunder. Therefore, I have no hesitation to set aside Exts.P11 2025:KER:96668 W.P (C) No.44608/2025 -6- and P13 orders and direct that applications for registration under Rule 26A of the 1981 Rules be reconsidered by the 1 st respondent. The 1st respondent shall pass fresh orders on such applications in accordance with the law, taking note of the observations in this judgment, within a period of two months from the date of receipt of a certified copy of this judgment.
Sd/-
GOPINATH P. JUDGE AMG 2025:KER:96668 W.P (C) No.44608/2025 -7- APPENDIX OF WP(C) NO. 44608 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SERVICE RECORDS RELATING TO THE 1ST PETITIONER Exhibit P2 TRUE COPY OF SERVICE RECORDS RELATING TO THE 2ND PETITIONER Exhibit P3 TRUE COPY OF SERVICE RECORDS RELATING TO THE 3RD PETITIONER Exhibit P4 TRUE COPY OF SERVICE RECORDS RELATING TO THE 4TH PETITIONER Exhibit P5 TRUE COPY OF THE FEW RELEVANT PAGES OF THE WAGE REGISTER RELATING TO THE PETITIONERS AND OTHER EMPLOYEES MAINTAINED BY THE 4TH RESPONDENT FOR THE PERIOD FROM 1/1/2024 TO 10/2025 Exhibit P6 TRUE COPIES OF THE RELEVANT PAGES OF MUSTER ROLL OF THE PETITIONERS FOR THE PERIOD FROM 01/2024 TO 10/'25 Exhibit P7 TRUE COPY OF THE APPLICATION DTD 7/06/2024 FILED SEPARATELY BY THE 1ST PETITIONER HEREIN BEFORE THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE APPLICATION DTD 7/06/2024 FILED SEPARATELY BY THE 2ND PETITIONER HEREIN BEFORE THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE APPLICATION DTD 7/06/2024 FILED SEPARATELY BY THE 3RD PETITIONER HEREIN BEFORE THE 1ST RESPONDENT Exhibit P10 TRUE COPY OF THE APPLICATION DTD 7/06/2024 FILED SEPARATELY BY THE 4TH PETITIONER HEREIN BEFORE THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF THE REJECTION ORDER DTD 26/03/'25 PASSED BY THE 1ST RESPONDENT Exhibit P12 TRUE COPY OF THE APPEAL MEMORANDUM DTD 16/07/'25 FILED BY THE 1ST PETITIONER HEREIN BEFORE THE 2ND RESPONDENT Exhibit P12 (a) TRUE COPY OF THE APPEAL MEMORANDUM DTD 16/07/'25 FILED BY THE 2ND PETITIONER HEREIN BEFORE THE 2ND RESPONDENT Exhibit P12 (b) TRUE COPY OF THE APPEAL MEMORANDUM DTD 16/07/'25 FILED BY THE 3RD PETITIONER HEREIN BEFORE THE 2ND RESPONDENT Exhibit P12 (c) TRUE COPY OF THE APPEAL MEMORANDUM DTD 16/07/'25 FILED BY THE 4TH PETITIONER HEREIN BEFORE THE 2ND RESPONDENT 2025:KER:96668 W.P (C) No.44608/2025 -8- Exhibit P13 TRUE COPY OF THE DISMISSAL ORDER DTD 06/10/'25 PASSED BY THE DISTRICT LABOUR OFFICER Exhibit P14 TRUE COPY OF THE REGISTRATION CERTIFICATE OBTAINED BY THE 4TH RESPONDENT- MANAGEMENT UNDER KERALA SHOPS AND COMMERCIAL ESTABLISHMENT ACT DTD 31/5/'24