High Court of KeralaDivision BenchDismissed

Writ Appeal No.1 of 2022

Case / Petition Number:WA No.1 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Amit Rawal
  • C.S. Sudha
Judgment Date
2024-02-13
Court Decision / Holding
Appeal dismissed. The court held that delicate and sophisticated articles require skilled handling and upheld the settled law that such tasks can be performed by skilled personnel rather than headload workers, and affirmed the earlier judgments to the extent of their finality.
Final Disposition
Dismissed

Parties to the Case

Appellants / Petitioners

  • K. Rasheed
  • Biji Varattukulathū
  • Kabeer
  • Reg Hu

Respondents

  • A. Balakrishnan
  • The Deputy Superintendent of Police, Alappuzha
  • The Circle Inspector of Police, South Police Station, Kodiveedu, Alappuzha
  • The Sub Inspector of Police, Ambalapuzha Police Station
  • Kerala Headload Workers Welfare Fund Board

Legal Representation & Advocates

Counsels for Petitioners

  • • Padmalayan P.P.
  • • P. Rahim
  • • P.A. Joseph

Counsels for Respondents

  • • Sahasranaman P.B.
  • • S. Krishna Moorthy
  • • T. S. Harikumaran
  • • T. K. Vipindas
  • • Sri S. Krishnamoorthy, SC

Case Synopsis & Summary

This writ appeal arises from a judgment in W.P.C. No.28462/2020 and seeks to test whether employers in the headload workers scheme area may engage their own specialized workers to handle delicate and sophisticated articles, such as televisions, refrigerators, microwave ovens, electronic ranges, mobile phones and related devices, instead of relying on headload workers registered under the Kerala Headload Workers Act, 1978. The appellants (the unions’ members) contend that entrusting such tasks to non-headload workers would undermine the livelihood of headload workers and that these items are not delicate or sufficiently skilled to justify exclusion from the ambit of the Act. The respondents/ petitioners claim that the pith and substance of the single-judge order relied on settled law that delicate or sophisticated articles require trained personnel and should be moved by skilled workers, not ordinary headload workers, citing finalized precedents. The court reviews Section 2(m) of the Act, including Explanations I and II, clarifying what constitutes a headload worker and what items are considered delicate or sophisticated. It notes that earlier decisions, including Balakrishnan A v. Circle Inspector of Police and Safa System and Solutions, have attained finality on this issue. Upholding the principle that sensitive articles warrant skilled handling and that livelihood rights under Article 21 may be implicated, the court dismisses the appeal, affirming the position that employers may engage skilled labor for such articles and provide protection where appropriate.

Provisions of Law Cited

Kerala Headload Workers Act, 1978 – Section 2(m) (including Explanation I and II)Constitution of India, Article 21

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contended that the learned Single Judge’s order permitting the employers to engage their own specialized workers and to provide police protection should stand; reliance was placed on Balakrishnan A v. Circle Inspector of Police and Safa System and Solutions to assert that delicate and sophisticated articles require trained personnel and cannot be handled by headload workers under the Act; these judgments, it was argued, have attained finality and there is no reason to overturn them on appeal.

Contentions of Respondents

The respondents argued that headload workers registered under the Act are capable of loading and unloading, but that delicate and sophisticated articles require skilled handling. They contended that permitting employers to hire non-registered workers would undermine the Act’s intent and workers’ livelihoods; the court should adhere to the statutory definitions and the settled position that some articles require specialized handling.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Balakrishnan A v. Circle Inspector of Police, North Police Station, Alappuzha and Others2020 (6) KLT 593PositiveThe judgment supports the view that delicate/sophisticated articles must be moved by skilled labour, not headload workers, and has attained finality.
Safa System and Solutions v. Station House Officer, Palarivattom and Others2018 (3) KLT 9PositiveCited as reinforcing the proposition that handling of delicate articles requires trained personnel; the decision is treated as final.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **&** **THE HONOURABLE MRS. JUSTICE C.S. SUDHA** **TUESDAY, THE 13[TH] DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945** **WA NO. 1 OF 2022** **AGAINST THE JUDGMENT DATED 20-09-2021 IN WP(C) NO.28462/2020** **OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 4,5,6 & 7** - **1 K.RASHEED, CONVENOR, INTUC, HEADLOAD WORKERS UNION, ATHIRAPARAMBIL HOUSE, STADIUM WARD, ALAPPUZHA - 688 001.** - **2 BIJI VARATTUKULATHU, CONVENOR, CITU, HEADLOAD WORKERS UNION, M.O.WARD, ALAPPUZHA - 688 007. (WRONGLY SHOWN AS LIJI IN THE WP(C) & JUDGMENT).** - **3 KABEER, CONVENOR, AITUC, HEADLOAD WORKERS UNION, NORTH OF STONE BRIDGE, M.O.WARD, ALAPPUZHA - 688 001.** **4 REGHU, CONVENOR, CITU, HEADLOAD WORKERS UNION, NEAR FRIENDS SUPER MARKET, NH-66, AMBALAPUZHA - 688 561.** **BY ADVS. PADMALAYAN.P.P. P.RAHIM P.A.JOSEPH (J-1448)** ## **RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 3 AND 8:** - **1 A.BALAKRISHNAN, AGED 57 YEARS,** - **S/O.P.ARJUNA REDDIAR, PROPRIETOR, "GOOD MORNING ENTERPRISES" AND "SREELAKSHMI DISTRIBUTORS", C.C.S.B.ROAD, ALAPPUZHA - 688 011 (WRIT PETITIONER).** - **2 THE DEPUTY SUPDT. OF POLICE, OFFICE OF THE DEPUTY SUPDT. OF POLICE, ALAPPUZHA - 688 001.** - **3 THE CIRCLE INSPECTOR OF POLICE, SOUTH POLICE STATION, C.C.S.B.ROAD, KODIVEEDU, ALAPPUZHA - 688 001.** Writ Appeal No.1 of 2022 2 - **4 THE SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, AMBALAPUZHA - 688 561.** **5 KERALA HEADLOAD WORKERS WELFARE FUND BOARD, REP. BY ITS ALAPPUZHA DISTRICT COMMITTEE, MUNICIPAL SHOPPING COMPLEX, THATHAMPALLY P.O., ALAPPUZHA - 688 013.** **BY ADVS. SAHASRANAMAN PB S.KRISHNA MOORTHY(ERNAKULAM) T.S.HARIKUMAR(K/782/1989)** **SR GP SRI T K VIPINDAS SRI S KRISHNAMOORTHY SC** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** Writ Appeal No.1 of 2022 3 ## **AMIT RAWAL & C.S.SUDHA, JJ.** **-------------------------------------------------------** **Writ Appeal No. 1 of 2022** **---------------------------------------------------Dated this the 13[th] day of February, 2024** ## **J U D G M E N T** ## **Amit Rawal, J.** Employers, dealing with the business of electronic equipments and appliances which are delicate and sophisticated as per the Explanation II to Section 2(m) of the Kerala Headload Workers Act, 1978, employed different set of employees for undertaking the work but the Unions in the scheme area registered with the Board obstructed giving cause to the employers to approach this Court in writ petition Nos.28462 of 2020, 12363 of 2021 and 13779 of 2021. Few of the other petitioners were dealing with mobile phones, electronic equipments and appliances. 2. Learned Single Judge considering the predicament of the petitioners, allowed the writ petitions by permitting the Writ Appeal No.1 of 2022 4 employers to engage their own specialized workers, then from the Union in the scheme area and also issued directions to provide police protection. Appeal has been preferred by members of the Union against the common judgment rendered including W.P No.28462/2020 i _nter alia_ by raising a question of law that the home appliances such as television, refrigerator, microwave oven, electronic kitchen ranges, mobile phones, electronic tabs etc., are not delicate and sophisticated items as claimed by the writ petitioners, much less do not require any special skill and training as claimed to have acquired by the permanent employees of the employer. The headload workers in a scheme area belonging to the Union can also undertake such tasks. In case the employer is allowed to engage such employees it would be discriminatory and taking away the livelihood. 3. On the other hand, learned counsel representing the employer submitted that pith and substance of the judgment has been on the _ratio decidendi_ culled out in the judgment in **Balakrishnan A v. Circle Inspector of Police, North Police** 5 Writ Appeal No.1 of 2022 **Station, Alappuzha and Others, [2020 (6) KLT 593]** and in **Safa System and Solutions v. Station House Officer, Palarivattom and Others, [2018 (3) KLT 9]** wherein it has been declared that the articles delicate and sophisticated can be moved and dealt with by the skilled labourers and not by the headload workers registered under the Act and the members of the Union. The judgment has become final as there is no appeal. 4. We have heard the learned counsel for the parties and appraised the paper book. 5. The definition in Section 2(m) of the 'headload workers' along with the Explanation I and II reads as - _“_ _**2(m)** “headload worker” means a person employed or engaged directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment or stacking articles, excluding delicate or sophisticated articles, in a vehicle or unloading by sliding using manual labour from a mechanically propelled vehicle or a person who does in connection with the work in ports, the works like filling of fertilizers in sacks, weighing and stitching of sacks,_ Writ Appeal No.1 of 2022 6 _bundling, breaking seals of container, stacking and includes any person not employed by any employer or contractor but engaged in the loading and unloading or carrying on head or person or in a trolly any article or articles for wages in or from or to a vehicle, or any place in such establishment or stacking articles excluding delicate or sophisticated articles in a vehicle or unloading by sliding using manual labour from a mechanically propelled vehicle but does not include a person engaged by an individual for domestic purposes._ _**Explanation I:** - For the purpose of this clause, “ a person engaged by an individual for domestic purposes” means any person engaged by an individual for, –_ _(i) shifting including transportation of furniture, personal effects and other household articles for domestic use; or_ _(ii) working in connection with the shifting of articles of a dwelling house of a person including work in connection with religious or social or public functions; or (iii) cutting, removing, shifting and transportation of trees and wood for personal use; or_ _(iv) constructing or repairing and maintenance of house including the shifting and transportation of construction materials, equipments or machinery for personal use and not for the purpose of trade; or_ _(v) dismantling, demolishing and shifting of old building materials or equipments including their transportation which is not for industrial or commercial purpose; or_ _(vi) shifting and transportation of animals for personal use; or_ Writ Appeal No.1 of 2022 7 _(vii) shifting and transportation of materials including agricultural implements, agricultural machinery, raw materials, agricultural produces, other materials related to agricultural operations in such person's land; or_ _(viii) doing such other work or activity or process which the Government may, by notification in the Gazette, specify to be domestic purpose;_ _**Explanation II** – For the purpose of this clause. “delicate or sophisticated articles” mean articles which require to be handled by trained or skilled persons;]”_ Delicate and sophisticated items have already been elaborated in the judgment cited _supra_ which have attained finality. 6. Establishments employ the workers for loading and unloading is of an importance and had been used by the legislature consciously. Every kind of loading and unloading cannot be conducted by an ordinary headload worker falling in a scheme and registered under the Act and the Rules. The employer is free to employ skilled and semi-skilled persons for dealing with such sensitive and precious/sophisticated articles. Any prevention or obstruction thereto would lead to infringement of the right to livelihood under Article 21 of the Constitution of India. Writ Appeal No.1 of 2022 8 This judgment, for the sake of repetition, is based upon the earlier judgments which have attained finality. There cannot be any grievance by the Union to assail the findings in view of the settled position of law. We do not find any merit in this appeal, accordingly dismissed. - **Sd/** **AMIT RAWAL JUDGE** **Sd/C.S.SUDHA JUDGE** Jms