High Court Kerala High Court

Head Load And General Workers … vs Kerala Head Load Workers Welfare … on 5 January, 2007

Kerala High Court
Head Load And General Workers … vs Kerala Head Load Workers Welfare … on 5 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 17483 of 2002(F)


1. HEAD LOAD AND GENERAL WORKERS UNION,
                      ...  Petitioner

                        Vs



1. KERALA HEAD LOAD WORKERS WELFARE BOARD,
                       ...       Respondent

2. KURIAN JOSEPH,ARACKATHALAYIL HOUSE,

3. REJI KURIAN,KOOZHIYIL HOUSE,

4. P.R.SASI,PONNATTITHALACKAL HOUSE,

5. V.P.REJI,KALLAMBURAM HOUSE,

6. P.C.JOSE,PUTHUSSERIYIL HOUSE,

7. N.M.BABU,NELLICKATHADATHIL HOUSE,

8. SIBI SEBASTIAN,ARACKTHALAYIL HOUSE,

9. K.M.CHERIAN,KARINILKUMTHADATHIL HOUSE,

10. REJI THOMAS,PONNATTITHALACKAL HOUSE,

                For Petitioner  :SRI.T.A.SHAJI

                For Respondent  :SRI.A.V.RAMAKRISHNA PANICKER, SC,KHLWWB

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :05/01/2007

 O R D E R
                                S. SIRI JAGAN, J.


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                            O.P. No. 17483 OF 2002 F

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                   Dated this the 5th day of January, 2007


                                  J U D G M E N T

The petitioner is a union of head load workers of the Parolickal

area of Athirampuzha Sub Committee under the Kerala Head Load

Workers Act and the scheme framed thereunder. The petitioner is

aggrieved by Ext.P2 resolution of the Athirampuzha and Ettumanoor

Advisory Samithies of Kottayam local committee of Kerala Head Load

Workers’ Welfare Fund Board, whereby on the ground that there is

considerable increase in the head load work in the area in question, it

has been decided to include respondents 2 to 10 as head load workers

of the Parolickal area for doing loading and unloading work and to

include them in the Athirampuzha local committee of Head Load

Workers’ Welfare Fund Board. One of the contentions in the original

petition is that because the committee itself took the decision, the

petitioner has been deprived of its right of appeal under Rule 6E of the

Kerala Head Load Workers’ (Regulation of Employment and Welfare)

Scheme, 1983. In answer to this, the counsel for the 1st respondent

submits that by virtue of Clauses 16 and 19 of the Kerala Head Load

Workers’ (Regulation of Employment and Welfare) Scheme, 1983, the

OP.17483/02

2

committee has power to direct the inclusion of head load workers in a

particular area and it is in exercise of such power that Ext.P2 order has

been passed. On a reading of Clause 16 and 19, I find that Ext.P2

order cannot be found fault with on the said ground mentioned in the

original petition.

2. On merits I find that the committee has passed Ext.P2 order

on a finding that in the area in question there is considerable increase in

work. Whether there is increase in work or not is a pure question of

fact, which cannot be interfered with by me in exercise of my jurisdiction

under Article 226 of the Constitution of India. However, I make it clear

that while giving work to respondents 2 to 10, the 1st respondent shall

ensure that the work available to the already existing workers of the

area shall not be in any way reduced.

The original petition is disposed of as above.

(S. SIRI JAGAN, JUDGE)

aks

S. SIRI JAGAN , J.

OP No.17483/02 F

J U D G M E N T

5th January, 2007