Kerala High Court
Arun K. George vs The Deputy Labour Commissioner, Kollam ... on 15 December, 2023
1
WPC 33191 and 33647/23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 33647 OF 2023
PETITIONER/S:
P.K.JAYAPRAKASH, AGED 54 YEARS S/O. KUNJANPILLAI,
PALLATHERIL, KALLELI BHAGHOM P.O, KARUNAGAPALLY,
KOLLAM, PIN - 690519
BY ADVS. SUMAN CHAKRAVARTHY K.R.RIJA BREJITHA
UNNIKRISHNAN SUDEESH K.E.
RESPONDENT/S:
1 THE DEPUTY LABOUR COMMISSIONER, KOLLAM, CIVIL
STATION. P.O., VIDYA NAGAR, KOLLAM, PIN - 691013
2 THE CONCILIATION OFFICER, DISTRICT LABOUR OFFICE,
KOLLAM, PIN - 691013
3 THE ASSISTANT LABOUR OFFICER, OFFICE OF THE LABOUR
OFFICE, KARUNAGAPALLY, PIN - 690518
4 ARUN K. GEORGE, AGED 36 YEARS S/O GEORGE JOHN,
KALAMATH HOUSE, KALLELI BHAGOM P.O, KRUNAGAPPALLY,
MANAGING PARTNER, KALAMATH AGENCIES, KALLELI
BHAGOM,P.O. KRUNAGAPPALLY,KOLLAM, PIN - 690519
5 S.NAZARUDEEN (INTUC), SURUMI MANZIL, NIYA NAZHIKAM,
JONAKAPPURAM, BEACH NORTH, PALLITHOTTAM P.O.,
KOLLAM, PIN - 691067
6 RAMAKRISHNA PILLAI (AITUC) , VELAYANIKKAL VEEDU,
NEELESHWARAM, KOTTARAKKARA, KOLLAM, PIN - 691505
7 SHAHARUDEEN( INTUC), KALAVARAYIL, PADA NORTH,
KARUNAGAPALLY, KOLLAM, PIN - 690518
8 JAYAKRISHNA PILLAI (AITUC), CHENNATHALA, THOPPIL
IDAKKULANGARA P.O., KOLLAM, PIN - 690523
9 CHITTUMALA NAZAR (INTUC), POOL NO.9, KALLELI
BHAGAM. P.O., KARUNAGAPALLY, KOLLAM, PIN - 690519
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WPC 33191 and 33647/23
10 SHAJI KRISHNAN, NANDHU BAVANAM, KALLELI BHAGAM.
P.O., KARUNAGAPALLY, KOLLAM, PIN - 690519
11 THODIYUR RAMACHANDRAN, (INTUC), MAITHRI, THODIYUOOR
NORTH, KARUNAGAPALLY, KOLLAM, PIN - 690523
12 VISHWANATHAN (UTUC), KESHAVA NIVAS, KALLELI BHAGAM.
P.O., KARUNAGAPALLY, KOLLAM, PIN - 690519
13 THE KERALA HEADLOAD WORKERS WELFARE FUND BOARD
(KHWWFB), REPRESENTED BY ITS CHIEF EXECUTIVE
ENGINEER DISTRICT OFFICE, KOLLAM USHUS BUILDING,
ANDAMUKKAM, KOLLAM, PIN - 691001
BY ADVS. T.GOPALAKRISHNAN K.SIJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2023, ALONG WITH WP(C).33191/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
3
WPC 33191 and 33647/23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 33191 OF 2023
PETITIONER/S:
ARUN K. GEORGE, AGED 36 YEARS S/O. GEORGE JOHN,
KALAMATH HOUSE KALLELIBHAGOM P.O, KRUNAGAPPALLY,
MANAGING PARTNER, KALAMATH AGENCIES,
KALLELIBHAGOM,P.O. KRUNAGAPPALLY,KOLLAM, PIN -
690519
BY ADV K.R.SUNIL
RESPONDENT/S:
1 THE DEPUTY LABOUR COMMISSIONER, KOLLAM DISTRICT,
CIVIL STATION. P.O., VIDYA NAGAR, KOLLAM, PIN -
691013
2 THE CONCILIATION OFFICER, DISTRICT LABOUR OFFICE,
KOLLAM, PIN - 691013
3 THE ASSISTANT LABOUR OFFICER OFFICE OF THE LABOUR
OFFICE, KARUNAGAPALLY, PIN - 690518
4 A.M IQBAL (CITU) MULLAKKAL VEEDU, BEACH NORTH,
KOLLAM-, PIN - 691006
5 S. NAZARUDEEN (INTUC), SURUMI MANZIL, NIYA NAZHIKAM,
JONAKAPPURAM, BEACH NORTH, PALLITHOTTAM P.O.,
KOLLAM, PIN - 691006
6 RAMAKRISHNA PILLAI (AITUC) VELAYANIKKAL VEEDU,
NEELESHWARAM KOTTARAKKARA, PIN - 691505
7 SUNIL KUMAR. G. (CITU) KOCHAYYATH, PADA NORTH,
KARUNAGAPPALLY, PIN - 690518
8 SHAHARUDEEN (INTUC), KALAVARAYIL PADA NORTH,
KARUNAGAPALLY, PIN - 690518
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WPC 33191 and 33647/23
9 JAYAKRISHNA PILLAI JAYAKRISHNA PILLAI (AITUC)
CHENNATHALA THOPPIL IDAKKULANGARA PO., PIN - 695122
10 SHRI CHITTUMALA NAZAR (INTUC), CHITTUMALA, KOLLAM,
PIN - 691502
11 SHAJI KRISHNAN NANDHU BAVANAM, KALLELI BHAGAM. PO.
KARUNAGAPALLY, PIN - 690519
12 P.K JAYAPRAKASH (CITU), AREA SECRETARY,
KARUNAGAPALLY, PIN - 690519
13 THODIYUR RAMACHANDRAN (INTUC), MAITHRI THODIYUOOR,
NORTH,KARUNAGAPALLY., PIN - 690523
14 ADDL.R14. THE HEAD LOAD WORKERS WELFARE BOARD,
KOLLAM DISTRICT, USHUS BUILDING, ANDAMUKKAM, KOLLAM,
REP BY ITS CHIEF EXECUTIVE OFFICER, KOLLAM 691 001
[IS IMPLEADED AS PER ORDER DATED 11.10.2023 IN
I.A.1/2023 IN WP(C)33191/2023].
15 ADDL.R15. MOHANAN PILLAI AGED 59 YEARS, S/O.
CHANDRASEKHARAN UNNITHAN, KOIPPURATHU VEEDU,
KALLELIBHAGOM P.O., KARUNAGAPPALLY, KOLLAM-690 519
16 ADDL.R16. SAJEEB. E AGED 44 YEARS, S/O.
IBRAHIMKUTTY, KOTTAVEETTIL KIZHAKKETHIL,
KALLELIBHAGOM P.O., KARUNAGAPPALLY, KOLLAM-690519
[ADDL.R15 & ADDL.R16 ARE IMPLEADED AS PER ORDER
DATED 24.11.2023 IN I.A.3/2023 IN WP(C)33191/2023].
BY ADVS. KISHORE D T.GOPALAKRISHNAN K.SIJU MEERA
GOPINATH(K/001803/1999.) R.MURALEEKRISHNAN
(MALAKKARA)(K/000583/2008)
OTHER PRESENT:
SR GP REKHA C. NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2023, ALONG WITH WP(C).33647/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 33191 and 33647/23
JUDGMENT
(Dated 15th December 2023) [WP(C) Nos.33647/2023, 33191/2023] These above two writ petitions are filed for quashing the orders dated 25.9.2023 of the Deputy Labour Commissioner, Kollam and dated 24.6.2023 of the District Labour officer respectively. Therefore, these Writ Petitions are heard together and a common judgment is passed.
WPC 33191 of 2023 is taken as a lead case and facts are enumerated below:
2. The petitioner is the Managing Partner of an establishment namely, Kalamath Agencies. After the lockdown of covid -19, certain persons approached the petitioner and informed that they are the recognised workers coming under pool No.9 and the area in which the petitioner's establishment lies is allotted to the workers of pool No.9. Believing the words, they were permitted to do the 6 WPC 33191 and 33647/23 loading and unloading work. However, due to obstructions from workers of the warehouse pool, the petitioner could not unload the materials brought in trucks. There was physical violence between the members of pool No.9 as well as the warehouse pool. On enquiry with the 3rd respondent, it was understood that as per Ext.P1 of the 14th respondent, the area is earmarked for the warehouse pool workers.
3. Therefore, the petitioner approached this court by filing W.P.(C) No.33655 of 2022 to provide adequate and effective police protection for the smooth functioning of his business. This court, by Ext.P2 judgment dated 29.11.2022, directed the police authorities to maintain law and order and directed the District Labour Officer to resolve the dispute under Section 21 of the Kerala Headload Workers Act. The District Labour Officer, as a conciliation officer, after hearing all the parties, passed Ext.P3 order dated 24.6.2023 permitting the 7 WPC 33191 and 33647/23 workers attached to pool No.9 to carry out the work in the petitioner's establishment.
4. Aggrieved by Ext.P3 order of the 2nd respondent, the petitioner preferred appeal before the 1st respondent. A direction was also obtained by the petitioner in W.P.(C) No.29021 of 2023 to take up Ext.P5 appeal against Ext.P3 order and to dispose of the same after hearing all the affected parties within a period of one month. Pursuant to the direction of this court, Ext.P7 order dated 25.9.2023 was passed rejecting the appeal. The petitioner impugns Ext.Nos.P3 and P7 in this Writ Petition.
5. A statement dated 12.10.2023 and a counter affidavit dated 10.11.2023 have been filed by an additional 14th respondent in which it is submitted that as per Ext.P1 the area of work of warehouse pool was extended from Kottaveettil junction to Mararithottam Janatha library junction. While so, 8 WPC 33191 and 33647/23 the Chairman of the Headload Workers Welfare Board, sub-
office, Karunagapally passed another order dated 31.12.2021 assigning the area from Kallukadavu to Midukkan Mukku and from Midukkan Mukku to Chambakkadavu as an area for the newly constituted pool No.9 and the pool No.9 started functioning with effect from 1.1.2022. Ext.R14(a) filed along with counter affidavit dated 10.11.2023 is the order dated 31.12.2021. The identity cards issued to the workers of pool No.9 would reveal that they are entitled to do the work in the petitioner's establishment, as the area allocated to them covers the petitioner's establishment also. As per the judgment of this court in W.P.C 33655 of 2022, several rounds of conciliation settlements were done and since, there was no amicable settlement after perusing the records and 26A cards issued to both the board workers, came to the conclusion that the workers are pool No.9 are entitled to work in the establishment of the petitioner. The appellate authority also concurred with the said 9 WPC 33191 and 33647/23 finding taking note specifically endorsements issued to both the workers assigning the area.
6. A counter affidavit is filed on behalf of the 2nd respondent also. As directed by this court in W.P.(C) No.33655 of 2022, the 2nd respondent heard the parties and since, conciliation could not be finalised, taking into consideration of 26A cards issued by the Assistant Labour officer, Karunagappally and the area earmarked to the newly constituted pool No.9 workers, passed Ext.P3 in accordance with law. It also states that Ext.P1 order dated 30.9.2019 passed by Kerala Headload Workers Welfare Fund Board is without any authority. As per Rule 26A of the Kerala Headload Workers' Rule, 1981 the authority to issue 26A cards to the headload workers with clear demarcation of area, is with the Assistant Labour Officer having jurisdiction. 10 WPC 33191 and 33647/23
7. Heard Shri K R Sunil and Shri Suman Chakravathy for the petitioners, Sri. K. Siju, Sri.D Kishore for the respondents and the Government Pleader.
8. Ext.P1 order passed by the Chairperson of the Headload Workers Welfare Board, Karunagapally sub-office had extended the area of operation of the warehouse pool workers from Kottaveetil junction to Mararithottam Janatha library junction. It was also decided to implement the same from 1.10.2019 onwards. Ext.R14(a) order passed by the Chairman of Kerala Headload Workers Welfare Board, Karunagapallay dated 31.12.2021 constituted a new pool as pool No.9 assigning area of operation from Kallukadavu to Midukkan Mukku and from Midukkan Mukku to Chambakkadavu. The order was to take effect from 1.1.2022. When this court, directed through Ext.P2 the District Labour Officer, to do the conciliation under Section 21 of the Kerala Headload Workers Act, Ext.P3 order is passed after 11 WPC 33191 and 33647/23 hearing all the affected parties and taking note of the identity cards issued under Section 26A of the Act, to the warehouse pool and Pool No.9. The 1st respondent came to a definite conclusion that since the cards issued to workers of Pool No.9 specifically earmark the area as Midukkan Mukku to Kallukadvu and from Midukkan Mukku to Chambakkadavu and that of warehousing pool is strictly limited to warehouse. The workers of pool No.9 alone can do the work in the petitioner's establishment. Ext.P7 appellate order concurs with the finding of conciliation orders.
9. Section 18(8) of the Kerala Headload Workers Act, 1978, deals with the functions of the committee appointed under the Headload Workers Act. The functions of the committee are as follows:
1. To pool the headload workers who are not employed under any employer or contractor
2. To arrange and regulate employment of such headload workers and to pay them wages
3. To take disciplinary action wherever necessary 12 WPC 33191 and 33647/23
4. To do as such acts as are necessary for implementation of this Act and the scheme.
10. Regulation 20 of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 gives the power to the Chairman to make necessary arrangements to pool the registered workers into as many groups as are needed and locate these groups at locations decided by him.
11. Ext.P1 order issued by the Chairperson demarcating the area from Kottaveettil junction to Mararithottam Janatha library for the warehouse pool. At the same time, by Ext.R14(a) the Chairperson has constituted a new pool by order dated 31.12.2021 as pool No.9 for the area from Kallukadavu to Midukkan Mukku and from Midukkan Mukku to Chambakkadavu.
13WPC 33191 and 33647/23
12. In the counter affidavit filed on behalf of the 14th respondent, it is stated that the area earmarked for the warehouse pool as per Ext.P1 is from Mararithottam Library junction to Kottaveetil junction. It is on the eastern side of Karunagapally - Sasthamcotta public road. The establishment of the petitioner is situated at Midukkan Mukku on the west side of the road, which comes within the area of pool No.9. The area of east side of Karunagapally - sasthamcotta road at Midukkan Mukku in Mararithottam is in warehouse pool and the west side of the road is in Pool No.9. Juxtaposing Ext.P1 with Ext.R14(a) there is no overlapping of the area. It is for the Chairperson of the sub office of the Headload Workers Welfare Board, Karunagappaly to verify whether there is any actual overlapping of the area and to demarcate the areas earmarked for each pool under Section 18 of the Kerala Headload Workers Act as well Regulation 20 of the Kerala Headload 14 WPC 33191 and 33647/23 Workers (Regulation of Employment and Welfare) Scheme, 1983.
13. Ext.P3 is passed taking into consideration the 26A cards issued to workers of pool No.9 as well as the warehouse pool. The actual area of the operation of each pool can only be decided by the committee of the Kerala Headload Workers Welfare Board. Therefore, in order to resolve the entire area regarding the area of pool No.9 as ware house, it is for the Committee of the Headload Workers Welfare Fund Board, Karunagappaly sub office to decide the issue regarding the area of operation after hearing all the affected parties taking into consideration Ext.P1 and Ext.R14(a) Therefore, These Writ Petitions are allowed and Ext.Nos.P3 and P7 orders of the 2nd respondent and the 1st respondent are quashed and there will be a direction to the 14th respondent to direct the Committee of the Kerala 15 WPC 33191 and 33647/23 Headloard Workers Welfare Fund Bord, Karunagappaly sub office to hear all the parties of Pool No.9 and warehouse and all affected parties and pass orders assigning the area of operation of pool 9 and warehousing pool, in accordance with law, within a period of the one month of from the date of receipt of a copy of this judgment.
Needless to say, this court has not gone into the merits of the case and it is for the Committee of the Headload Workers Welfare Fund Board, Sub office, Karunagappally to take final observation, untrammelled by any of the observations made in this judgment. Till such time the petitioner can request the convener to allot the number of workers required for his establishment under regulation 21 of the Scheme.
Sd/ BASANT BALAJI, JUDGE dl/ 16 WPC 33191 and 33647/23 APPENDIX OF WP(C) 33191/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER NO. E1/2018-2019KNPY DATED 30.09.2019 DATED 30.09.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 29.11.2022 IN W.P.(C) NO. 33655/2022 Exhibit P3 THE TRUE COPY OF THE ORDER DATED 24.06.2023 Exhibit P4 THE TRUE COPY OF THE LETTER DATED 23. 08.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P5 THE TRUE COPY OF THE APPEAL PETITION AND THE PETITION FOR STAY PREFERRED BY PETITIONER BEFORE 1ST RESPONDENT, THE DEPUTY LABOUR OFFICER KOLLAM DISTRICT DATED 23.08.2023 Exhibit P6 THE TRUE COPY OF THE ORDER DATED 25.08.2023 IN W.P.(C) NO. 29021/2023 Exhibit P7 THE TRUE COPY OF THE ORDER DATED 25.09.2023 PASSED BY THE 1ST RESPONDENT Exhibit P8 THE TRUE COPY OF THE LETTER DATED 31.01.2023 ISSUED BY THE ASSISTANT LABOUR OFFICER OF KARUNAGAPPALLY Exhibit P9 The true copy of the photograph showing the lie and location of the petitioner's establishment Exhibit P10 THE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT LABOUR OFFICER KARUNAGAPALLY TO THE DISTRICT LABOUR OFFICER KOLLAM UNDER THE R I ACT RESPONDENT ANNEXURES Annexure The copy of proceedings dated 31.12.2021 vide R14(a) No.E1/41/2021-2022-KNPY of the Chairperson of Kerala Headload Workers Welfare Board, Karunagappally Sub Office 17 WPC 33191 and 33647/23 Annexure The copy of identity cards of two of the workers R14(b) of Pool No.9 issued by the Assistant Labour Officer, Karunagappally under 26A of the Kerala Headload Workers Rule Annexure The copies of 26A cards of pool workers of R14(c) warehouse pool Exhibit R (10 True copy of the proceedings of the secretary
c) dated 31.12.2021 vide No.E1/42/2021-22 KNPY Exhibit R 10 True copies of the identity cards of 7 pool
(a) workers Exhibit R (10 True copy of the photograph of the establishment
b) which shows the area Exhibit R (10 True copy of the receipt dated 16.2.2022 issued
e) by the Kerala Head load Workers Welfare Fund board District Committee Exhibit R (10 True copy of the receipt dated issued by the F) Kerala Head Load Workers Welfare Fund Board District Committee dated 17.09.2022 Exhibit R (10 True copy of the receipt issued by the kerala
d) Head Load Workers Welfare Fund board District Committee dated 6.1.2022 Exhibit.R14(a) The rough sketch showing the area of warehouse pool and Pool No.9 (not on scale) Exhibit.R14(b) The copy of the work cards of pool No.9 dated 6.1.2022 regarding work undertaken in the petitioner's establishment Exhibit.R14(c) The copy of the work cards of pool No.9 dated 1.2.2022 regarding work undertaken in the petitioner's establishment Exhibit.R14(d) The copy of the work cards of pool No.9 dated 19.3.2022 regarding work undertaken in the petitioner's establishment Exhibit.R14(e) The copy of the work cards of pool No.9 dated 1.4.2022 regarding work undertaken in the petitioner's establishment Exhibit.R14(f) The copy of the work cards of pool No.9 dated 7.5.2022 regarding work undertaken in the petitioner's establishment 18 WPC 33191 and 33647/23 Exhibit.R14(g) The copy of the work cards of pool No.9 dated 2.6.2022 regarding work undertaken in the petitioner's establishment Exhibit.R14(h) The copy of the work cards of pool No.9 dated 6.7.2022 regarding work undertaken in the petitioner's establishment Exhibit.R14(i) The copy of the work cards of pool No.9 dated 2.8.2022 regarding work undertaken in the petitioner's establishment Exhibit.R14(j) The copy of the work cards of pool No.9 dated 26.9.2022 regarding work undertaken in the petitioner's establishment Exhibit.R14(k) The copy of order dated 04.11.2022 in W.P(C)No.33655/2022 ANNEXURES Annexure -1 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 1ST APPLICANT BY THE KERALA HEADLOAD WORKERS WELFARE BOARD, KARUNAGAPPALLY COMMITTEE Annexure -2 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 2ND APPLICANT BY THE KERALA HEADLOAD WORKERS WELFARE BOARD, KARUNAGAPPALLY COMMITTEE 19 WPC 33191 and 33647/23 APPENDIX OF WP(C) 33647/2023 PETITIONER EXHIBITS Exhibit -P1 THE TRUE COPY OF ORDER NO. E1/2018-2019KNPY DATED 30.09.2019 DATED 30.09.2019 ISSUED BY THE 2ND RESPONDENT Exhibit-P2 THE TRUE COPY OF THE JUDGMENT DATED 29.11.2022 IN W.P(C) NO. 33655/2022 Exhibit-P3 THE TRUE COPY OF THE ORDER DATED 24.06.2023 BY THE 2ND RESPONDENT Exhibit -P4 THE TRUE COPY OF THE ORDER NO.HLA 05/2023 DATED 25.09.2023 PASSED BY THE 1ST RESPONDENT Exhibit-P 5 THE TRUE COPY OF THE LETTER DATED 31.01.2023 ISSUED BY THE ASSISTANT LABOUR OFFICER OF KARUNAGAPPALLY RESPONDENT ANNEXURES Annexure The copy of proceedings dated 31.12.2021 vide R13(a) No.E1/41/2021-2022-KNPY of the Chairperson of Kerala Headload Workers Welfare Board, Karunagappally Sub Office Annexure The copy of identity cards of two of the workers R13(b) of Pool No.9 issued by the Assistant Labour Officer, Karunagappally under 26A of the Kerala Headload Workers Rule Annexure The copies of 26A cards of pool workers of R13(c) warehouse pool Annexure The copy of photographs shown the board of the R13(d) 4th respondent's establishment as Kalamath Agencies, Midukkan Mukku