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Judgment
Murali Purushothaman, J
The writ petition is filed challenging Ext.P10 order passed by the 2nd respondent and Ext.P12 appellate order passed by the 1st respondent. According to the petitioners, the 1st petitioner is a proprietorship business firm in harware business. Since the activities of the 1st petitioner includes loading and unloading the materials to and from the shop, the 1st petitioner has engaged petitioners 2 and 3 for the purpose of headload works. The petitioners 2 and 3 have made Exts.P7 and P8 applications under Section 26A of the Kerala Headload Workers Rules, 1981 (hereinafter referred to as 'the Rules'). The said applications are rejected by Ext.P10 order of the 2nd respondent stating that, if the petitioners 2 and 3 are issued with identity cards, there is every chance that there will be reduction of employment in the area. Ext.P10 was taken in appeal and the 1st respondent by Ext.P12 order has rejected the appeal, stating that already there are 15 headload workers in the area and that the employment opportunities are very low in that area and if the petitioners 2 and 3 are also given identity cards, that will affect the income as well job opportunities of other identity card holders of the locality.
The right of the employees attached to establishments to obtain registration as headload workers even in scheme covered areas have been upheld by this Court.
This Court in Brijesh John and Others v. Assistant Labour Officer and Others [2022 (1) KHC 58] has held that orders issued by the Registering Authority, as well as the Appellate Authority rejecting the application on the ground that issuance of new identity cards would affect the livelihood of others is not a valid reason in the eyes of law. The reduction of income or job opportunities for existing headload workers is not at all a ground under law for denying registration to workers who are willing to do loading and unloading works.
In view of the above, I am of the opinion that Exts.P10 and P12 orders passed by respondents 2 and 1 respectively are not sustainable and hence set aside. There will be a direction to the 2nd respondent to register the petitioners 2 and 3 as headload workers attached to the 1st petitioner firm and issue fresh identity cards under Section 26A of the Rules, if their applications are otherwise in order, within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is allowed.