Sreemon v. State of Kerala

Headload Workers – Registration – Kerala Headload Workers Rules – Rule 26A and Rule 26C – Entitlement to Appeal – Validity of Appellate Order.

High Court of Kerala
Harisankar V. Menon, J.
W.P. (C) No. 8245 of 2018, 24 June 2025

The petitioners, employees of Green Valley Beverages India Pvt. Ltd., challenged the appellate order (Ext.P4) dated 02.02.2018, which set aside the registration granted to them under Rule 26A of the Kerala Headload Workers Rules. The 4th respondent, the District Committee, appealed against the initial registration order (Ext.P1), claiming it affected other headload workers. The High Court examined two issues: (1) the 4th respondent’s entitlement to file an appeal under Rule 26C, and (2) the validity of the findings in Ext.P4 that petitioners 1 to 5 were not employed by the 6th petitioner.

Held:

The 4th respondent, as the District Committee, was entitled to file an appeal under Rule 26C, as it qualifies as an “aggrieved person” per the Kerala Headload Workers Rules and judicial precedents, including Sureshkumar R. v. District Labour Officer [2021 (2) KHC 215 (FB)].
The appellate order (Ext.P4) was unsustainable due to lack of specific details regarding the enquiry conducted to determine that petitioners 1 to 5 were not employed. The initial registration order (Ext.P1) was based on a proper enquiry, and the employer’s right to choose its workmen was upheld, supported by Kerala Headload Workers Welfare Board v. Nishad [2022 (5) KLT 188]. The writ petition was allowed, Ext.P4 was set aside, and the registration granted under Ext.P1 was restored.

For Petitioners : Advs. N. Sukumaran (Sr. Advocate), N.K. Karnis, Kiran Peter Kuriakose & S. Shyam

For Respondents : Advs. Koshy George & T. Jayan