KOCHI: Headload workers’ unions do not have the right to load or unload consignments of mobile phones, the Kerala high court has held.
The order was issued by a division bench comprising justices K Vinod Chandran and Ashok Menon after considering a petition filed by Faizal, managing partner of Safa System and Solutions.
He had sought police protection after members of Palarivattom CITU unit threatened him while employing his own workers for loading and unloading a consignment of mobile phones because of the delicate nature of the cargo.
The petitioner pointed out that negligent handling will cause a huge loss to the firm and general headload workers cannot be engaged. But the union members obstructed the work and business has been stopped, he said.
The union claimed that the business is operating in a scheme-covered area and that the members are entitled to do loading and unloading work there. Standing counsel for the chairman of Kerala Headload Workers Welfare Fund Board supported the union and told the court it is a scheme-covered area and excluding the union workers would deprive them of considerable amount of work and render them jobless.
The order was issued by a division bench comprising justices K Vinod Chandran and Ashok Menon after considering a petition filed by Faizal, managing partner of Safa System and Solutions.
He had sought police protection after members of Palarivattom CITU unit threatened him while employing his own workers for loading and unloading a consignment of mobile phones because of the delicate nature of the cargo.
The petitioner pointed out that negligent handling will cause a huge loss to the firm and general headload workers cannot be engaged. But the union members obstructed the work and business has been stopped, he said.
The union claimed that the business is operating in a scheme-covered area and that the members are entitled to do loading and unloading work there. Standing counsel for the chairman of Kerala Headload Workers Welfare Fund Board supported the union and told the court it is a scheme-covered area and excluding the union workers would deprive them of considerable amount of work and render them jobless.
The union workers have the right to work as per a 2016 decision of the
high court (Amma Granites and Tiles vs. District Labour Officer). Only a
registered worker can be used in a scheme-covered area, the counsel
argued relying on a 1998 judgment of the high court (Raghavan vs.
Superintendent of Police).
State government’s counsel produced a copy of a gazette notification of April 7 this year that introduced a new section (9A) to the Kerala Headload Workers Act, 1978. As per the amendment, a registered headload worker is to be used but for works requiring assistance of skilled persons and which have to be done with due diligence or require the aid of machinery. Under such circumstances, persons with such skill or the machinery can be used.
The high court said, “Section 2(m) of the Act defines “headload worker”. Explanation-II to the definition very clearly excludes stacking of articles, which are delicate or sophisticated. Mobile phones would, undoubtedly, come within that exception of delicate and sophisticated article and cannot be loaded and unloaded by persons who are not trained and skilled to do such job with due diligence.... Any damage to the expensive mobile phone would result in huge loss to the petitioner. Hence, the petitioner is justified in engaging persons, who are trained in dealing with such sophisticated and delicate articles.
The court then ordered Kochi city police commissioner to ensure adequate protection to the firm against union workers.
Content Credit - TOI
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