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HEAD LOAD AND GENERAL WORKERS UNION versus KERALA HEAD LOAD WORKERS WELFARE BOARD

High Court of Kerala

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HEAD LOAD AND GENERAL WORKERS UNION v. KERALA HEAD LOAD WORKERS WELFARE BOARD - OP No. 17483 of 2002(F) [2007] RD-KL 351 (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.

```````````````````````````````````````````````````` O.P. No. 17483 OF 2002 F ````````````````````````````````````````````````````

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


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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