IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31405 of 2008(L)
1. XAVIER WILLIUM, VAREKKAT HOUSE
... Petitioner
Vs
1. CONVENER, KERALA HEADLOAD WORKERS
... Respondent
2. KERALA HEAD LOAD WORKERS WELFARE BOARD
3. SECRETARY, INTUC AROOR UNIT
4. SECRETARY, CITU AROOR UNIT,
5. SECRETARY, AITUC AROOR UNIT
6. SECRETARY, BMS AROOR UNIT, AROOR PO.,
For Petitioner :SRI.M.V.PAULOSE
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :13/11/2008
O R D E R
V.GIRI, J
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W.P.(C).31405/2008
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Dated this the 13th day of November, 2008
JUDGMENT
Petitioner is the partner of an establishment
which functions in the Industrial Estate at Aroor,
Alappuzha. Petitioner’s firm handles hundreds of
barrels of chemicals every week and the loading and
unloading of the consignment is being done by the
head load workers registered with respondents 3 to 5.
Petitioner’s complaint is regarding the excessive
charges being collected by the Unions over and above
the rates which are approved by the Head load
Workers Welfare Fund Board. Reference is made in
the writ petition to Ext.P1 list of wages prevailing from
7.11.2006.
2. On instructions, learned Standing Counsel for
the Board submits that the rates have been revised
with effect from 11.7.2008. Counsel for the petitioner
is justified in submitting that the Unions shall not be
permitted to collect any rate in excess of what is
W.P.(C).31405/2008
2
permitted by the Board and this would apply both in
relation to the rates prescribed under Ext.P1 and the
revised rates as such.
3. Accordingly, writ petition is disposed of directing
respondents 1 and 2 to see that the rates which are
prescribed by the Board, for loading and unloading of
materials is strictly enforced and no Union is permitted
to collect any charges in excess thereof. I make it clear
that the requirement to adhere to the prescribed rates
will apply both in cases where Board collects the amount
and disburses it to the Unions or in cases where Unions
themselves collect the amount from the employers.
V.GIRI,
Judge
mrcs