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Kerala High Court · body

2020 DIGILAW 99 (KER)

K. K. Issac and Company v. District Police Chief, Rural Police District

2020-01-28

A.MUHAMED MUSTAQUE

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JUDGMENT : This writ petition is filed for police protection. The 1st petitioner-company is engaged in the business of cement, steal, iron, etc at Perumbavoor and Kothamangalam within Ernakulam District. Both Perumbavoor and Kothamangalam are covered under the scheme formulated under the Kerala headload Workers Act, 1978. The company is constructing a warehouse in the property of the 2nd petitioner at Kothamangalam. 2. The company is having registered headload workers. Exts. P7 to P9 are the identity cards issued to the headload workers under the 1st petitioner in terms of Rule 26(A) of the Kerala headload Workers Rules, 1981 which were registered before the Assistant Labour Officer, Perumbavoor. 3. The company's case is that they are engaging the same headload workers for loading and unloading in the construction site at Kothamangalam. The said submission was obstructed by the party respondents stating that the company has no registered employees in Kothamangalam area. 4. The short issue that would arise for consideration is whether an employer who is having more than one establishment or branch is required to register headload workers in each of such establishments or not. 5. The Division Bench of this Court in Eastern Condiments (P) Ltd. v. Sub Inspector of Police [ 2012 (3) KLT 58 ] had held that as long as the establishment is having permanent headload workers working for the establishment irrespective of the area to which they belong to, they can carry on the work outside such area as long as it is for the establishment. 6. As per Section 3(j) of the Kerala headload Workers Act, an “establishment” means, an establishment specified in the Schedule and includes the precincts thereof. Therefore, an establishment cannot be understood to mean within the narrow geographical location. The establishment has to be understood based on a systematic activity being carried out and operated by an entity or a person within the geographical area or beyond. If an activity of the establishment extends beyond a location where it is registered, that does not mean that the establishment cannot engage its own permanent employees for loading and unloading. The registration of headload workers is not vis-a-vis location but vis-a-vis establishment. Therefore, if the permanent headload workers are engaged by the establishment for its activities, no one can object to such engagement. 7. The registration of headload workers is not vis-a-vis location but vis-a-vis establishment. Therefore, if the permanent headload workers are engaged by the establishment for its activities, no one can object to such engagement. 7. However, as rightly pointed out by the learned Standing Counsel for the headload workers, the employer is bound to maintain a register of such permanent employees wherever they are engaged. 8. It is to be noted that under Rule 27 of the Kerala headload Workers Rules, 1981 every employer is bound to maintain the register of employment and wages in Form No. V. It shall be kept at the work spot and there shall be entries therein relating to each day's work. It is also a mandate that the employer shall obtain signature or thumb impression of every headload worker in the register of employment and wages. Therefore, if the establishment engages such workers in any other area, the employer must keep the register or records in all places they intend to engage such permanent workers. This is for the purpose of verification of such records by the Assistant Labour Officer concerned. Though, there is no specific provision for intimating the jurisdictional Assistant Labour Officer in regard to the engagement of the permanent headload workers registered elsewhere, the purpose of Rule 27 will be served only when such an intimation is given to the jurisdictional Assistant Labour Officer in those areas other than where originally they were registered. Rule 27 has to be understood in the light of note to pargraph 7 of the scheme which reads as follows:- “An employer in the Scheme area who employs headload workers on a permanent and regular basis by maintaining the register of employment and wages in Form No.V of the Kerala Headload Workers' Rules, 1981 under the said Rules shall be exempted from the registration under para.7, if such employer produces sufficient proof that he keeps all records in respect of such permanent headload workers as stipulated in the Kerala Headload Workers (Attached Group) Welfare Scheme, 1995 employed in the establishment and if he does not require the services of the headload workers covered in this Scheme.” 9. Therefore, the establishment which is having permanent employees is bound to maintain the register of such employees wherever they are engaged. Therefore, the establishment which is having permanent employees is bound to maintain the register of such employees wherever they are engaged. The establishment is also bound to intimate the Assistant Labour Officer concerned in regard to the engagement of such headload workers, if the Assistant Labour Officer is not the original authority that granted the registration. The Assistant Labour Officer is bound to verify the identity of the person engaged by every employer. 10. In such circumstances, the company is bound to intimate the Assistant Labour Officer, Kothamangalam, in regard to the engagement of permanent workers in any of the branches belonging to them. 11. If the company is engaging their own workers and they had intimated the Assistant Labour Officer of Kothamangalam regarding the engagement of the permanent workers, the police shall give necessary protection to the petitioners as against the obstructions being caused by any other headload workers or their associates. However, it is made clear that under the guise of police protection or under the guise of engagement of permanent headload workers, the company cannot engage any other headload workers, who have no registration with them. If the company requires any additional headload workers, they shall approach the committee to avail the service of headload workers. The writ petition is disposed of as above.