On receipt of the annual report on the working of the Scheme, the report shall be laid by the Government before the Legislative Assembly at the earliest possible occasion].
22. Audit.— (1) The accounts of the Fund including the administration account shall be 1[got audited before the 30th September every year] in accordance with the instructions issued by the Government from time to time.
be rectified by the Board and 7(1A) Any defect pointed out in the Audit Report shall necessary rectification report thereof shall be sentto Government within three months, from the date of receipt of audit report in the Board Office].
(2) The charges on account of audit shall be paid out of the administration account.
23. Budget.— (1) The Chief Executive shall place before the Board each year in the first fortnight of January, @ budget showing the probable receipts and expenditure during the next financial year.
(2) The budget as approved by the Board shall be submitted for the approval of the Government within a month of its being placed before the Board.
3[(3) The Government may make such modifications in the budget as they consider necessary and the approved budget shall be returned to the Board before 31st March every year].
(4) The Chief Executive may, atany time during the year, make budgetary reappropriation of funds approved in the budget:
Provided that:
(a) the total amount sanctioned in the budget by Government is not 1[exceeded and no reappropriation is made in any of the sub heads where the Government have reduced budget provision without prior sanction of Government]; and
(b) The funds so re-appropria!ed are utilised only for meeting the expenses of administration.
(5) Every re-appropriation made shall be reported by the Chief Executive to the Government and to the Board.
CHAPTER Il 3[24. Functions and procedure of the Committee.— (1) The functions of the committee shall be those specified and assigned by the Board from time to time and those that are specifically provided for in the Act, Scheme or Schemes made under Section 13.
(2) The term of every non-official member of the Committee appointed under Section 18 shall be two years from the date of nomination :
Provided that the Committee may continue to function after expiry of the term till a new Committee is appointed or constituted:
Provided further that the official members of the Committee shall hold office during the pleasure of the Government.
1. Substituted by S.R.O. No.1172/89 G.O.
2. Inserted by ibid.
89.
Rt.) No.1258/89/LBR dt.
3. Inserted by ibid THE KERALA HEADLOAD WORKERS RULES, 1981 45
(3) Casual vacancies of the members arising out of any reason shall be filled up in the same manner as specified in Rule 6.
(4) The Committee shall meet at such place and time within its area of jurisdiction as may be specified by the Chairman. The Convener shall, at least seven days prior to the date fixed for the meeting, send notice in writing and under certificate of posting or by messenger to all members specifying the date, venue and time of the meeting along with a list of items of business to be transacted in the meeting:
Provided that in the case of an emergency meeting notice of at least 24 hours may be given to each member.
(5) For the purpose of presiding over of meeting quorum, disposal of business, minutes of the meeting etc., Rules 9, 10, 11 and 12 shall apply mutatis mutandis to the Committee as well.
(6) The copies of the minutes of every committee meeting shall be sent to the Chief Executive of the Board, within seven days from the date of the meeting under the signature of the Chairman.]
RULES PRESCRIBED UNDER CHAPTER VII 1[25. Settlement of disputes.-- (1) The settlement arrived at as per sub-section (3) of Section 21 shall be in Form No.lll.
(2) The decision referred to in sub-section (4) of Section 21 shall be communicated to the parties by registered post acknowledgement due.]
2[25A. Appeal.— (1) Any person aggrieved by any decision of the Conciliation Officer under sub-section (4) of Section 21 of the Act may file an appeal against such decision to the appellate authority within 60 days of receipt of the decision of the Conciliation Officer.
The appeal shall be accompanied with a copy of the decision of the Conciliation Officer:
Provided that the appellate authority may admit an appeal filed after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not filing the appeal, within the said period:
Provided further that no such appeal shall be admitted after a period of six months from the date of decision appealed against.
(2) The procedure to be followed by the appellate authority while hearing appeals preferred to him shall be summary. He shall record briefly the evidence adduced before him and pass orders giving his reasons therefor. The orders of the appeal shall be communicated to the parties as soon as possible. Copies of the order shall be furnished to the parties if required by them.
(3) Any party to the dispute appeal may be represented by the duly authorised representative with the permission of the Conciliation Officer Appellate Authority. Assistance of legal practitioners, however, may be availed of only with the consent of the other parties and leave of the Presiding Officer].
NOTE All headload workers, whether permanently employed in an establishment or not are to get registration under Rule 26A - The registration contemplated by the Scheme is not applicable to permanent workers employed in an establishment.
Raghavan v. Superintendent of Police, 1998 (2) KLT 732 (F.B.).
1. Substituted by S.R.0. No.1172/89 G.O. (Rt.) No.1258/89/LBR dt. 4.7.89.
2. Substituted by ibid.
I— — 46 THE KERALA HEADLOAD WORKERS RULES, 1981
CHAPTER IV REGISTERS AND RECORDS RULES PRESCRIBED UNDER CHAPTER IX
26. Preparation of Registers.— The Assistant Labour Officer shall be the authority to prepare a register of headload workers working in the area within his jurisdiction and the Register shall be in Form No.IV.
NOTE Rule 26 - There is no restriction againstany headload worker seeking permanent em ployment under an employer in an establishment - For obtaining registration what is required is @ good physic as a headload worker — Right of an employer to employ his own headload workers cannot be discarded.
Alfred Thomas v. State of Kerala, 2015 (4) KLT SN 131 (C.No.157).
1[26A. Registration of Headload Workers:
— (1) HAny headload worker may] submit his application for registration in Form IX to the Registering Authority concerned, with as many additional copies as there are employers or contractors from whom he claims to work.
3[(2) On receipt of such application the Registering Authority shall issue notice in Eorm X to the employers or contractors from whom the headload worker claims work and in area where the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 is in operation, to the Chairman, Kerala Headload Workers Welfare Board Local Committee in such area with copy of the application inviting objections, if any, on such application.]
(3) After considering the objections, if any, received and after giving an opportunity of being heard, the Registering Authority shall register the name of the headload worker in the Register of Headload Workers, on being satisfied that the headload worker is eligible for registration and communicate the fact to the parties within two weeks of such registration.
The Registering Authority shall also issue identity card to the registered headload worker 4[in Form XI]. If the name is not registered, the Registering Authority shall communicate the fact to the applicant with reasons therefor.
s[(3A) Where the identity card of registration granted to a headload worker under subsection (3) is defaced or accidently lost or irrecoverably destroyed, he shall apply for a duplicate identity card along with two copies of recent photograph and a fine of 325 (Rupees twenty five only) to the Registering authority concerned. The Registering authority may after making necessary enquiries and satisfying himself of the genuineness, issue @ duplicate identity card.]
§[4.The registration of the person as headload worker may be cancelled by 7[the Deputy Labour Officer or the District Labour Officer concerned or where there is no post of Deputy Labour Officer in that District Labour Office, by the Assistant Labour Officer Grade |] after ~Added by Notn.No.G.O.(Rt.) No.18/83/LBR, 10,40 dt. 7.1.1983 as SRO.
No.31/1983.
. Substituted by S.R.O. No.1172/89 GO (Rt) No.1258/89/LBR dt. 4.7.89.
' Substtuted by Notification No. G.0. (Rt No.72/2006/LBR, published in K.G. Ext No.96 dt. 17.1.2006.
" Substituted by S.R.0. No.1172/89 t.4.7.1989.
" Sub-rule (3A) inserted by S.R.O- No.1114/98 dt. 24.12.1998.
Inserted by S.R.0. No.431/94 published in K.G. No.336 dt. 13.4.1994.
. Substituted by S.R.O. No.763/95 dt. 18.5.1995.
1 dt. 7.1.1983 published in KG.
~ o a b s w N ;— ——— — THE KERALA HEADLOAD WORKERS RULES, 1981 47 satisfying himself on a report from Registering Authority that the Registration has been obtained by fraud or mistake:
Provided that not less than one months’ previous notice in writing specifying the ground on which the registration is proposed to be cancelled shall be given by the authority empowered to cancel the registration to the headload worker, pefore the registration is cancelled.]
NOTES Merely because an application for registration was made or registered headload workers were engaged for a brief period in some of its units, it cannot be said that exempted undertaking has waived its right under notification - Headload Workers Act, 1978 (Kerala), S.4(3)et “Waiver’, meaning of.
Hindustan Latex Employees Welfare Society V.
Trivandrum District Headload & General Workers Union, 2010 (4) KLT 391.
For registration under R.26A, it is not necessary that person seeking registration should be headload workers already working under an employer who seeks to employ them as his permanent attached headload workers.
Rajeev V. District Labour Officer, 2010 (4) KLT 783.
An unattached worker also cannot be denied a registration under R.26A on ground that he is not already a headload worker - Headload Workers (Regulation of Employment and Welfare) Scheme, 1983, Cls.6A & 6B.
Rajeev v. District Labour Officer, 2010 (4) KLT 783.
Registering Authority is an independent statutory authority exercising quasi—]udicial function _ Cannot be dictated by any authority including Local Committee of Headload Workers Welfare Board.
Ravi v. Assistant Labour Officer, 2009 (3) KLT SN 44 (C.No.47).
A person who may casually attend to loading/unloading work in an establishment is not entitied to be identified as a headload worker. Employer has the right to carry on the work including unloading work by engaging his own workman. Neither the employer nor the employees are obliged to register themselves under the Act, Rule or Scheme.
Venkataraman V. Sub Inspector of Police, 2005 (4) KLT 365.
In respect of an application for Registration under Rule 26A, the employer has an interest in the matter. So the writ petitioner had the right to file the Writ Petition for the reliefs.
Perfect Engineers and Contractors v. Asst. Labour Officer, 2004 (1) KLT SN 54 (C.No.71).
Headload worker who holds an identity card under Rule 26A cannot be denied employment on account of the shifting of the business from one place to another — They do not require any further registration under Para.6A(3) of the Scheme. Pareeth v. Sub Inspector of Police, 2003 (2) KLT 128.
Registration of headload workers. Irrespective of whether the Scheme is applicable to the area of work or not registration under Rule 26A is essential. There is no right to insist to getthe work done through persons who are not registered as headload workers.
Karunakara Kurup v. State of Kerala, 2002 (2) KLT 776.
The word “aggrieved” includes existing workmen. Existing workmen are entitled to maintain an appeal.
Jnana Prakasam V. Natarajan, 2002 (1) KLT 39.
2000 (3) KLT 676 Reversed Police protection - Permanent workers doing loading and unloading in an establishment within the area in which Scheme is enforced, not entitled to police protection ifthey are not registered under Rule 26A of the Headload Workers Rules.
Samyuktha Thozhilali Union v. Omana Johnson, 2001 (2) KLT 145.
Whatever be the category of workers, all the headload workers shall have registration. An employer cannot employ a headload worker who is not & registered headload worker. Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 (Kerala) Para.6.1.
John K. Paul v. State of Kerala, 1998 (2) KLT 887.
All headload workers, whether permanently employed in an establishment or not are to get registration under Rule 26A. The registration contemplated by the Scheme is not applicable e R 48 THE KERALA HEADLOAD WORKERS RULES, 1981 to permanent workers employed in an establishment, either directly by the employer or through a contractor. But that does not mean that such permanent workers cannot get registered as per the provisions contained under Rule 26A. Raghavan v. Supdt. of Police, 1998 (2)KLT 732 (F.B.).
As long as they are permanent headload workers working for an establishment irrespective of the area to which they belong to, they can carry on the work outside such area as long as it is for establishment. Eastern Condiments (P) Ltd. v. Sub Inspector of Police, 2012 (3)KLT 58.
Assistant Labour Officer granting registration to permanent workers of petitioner -- Appeal by Welfare Fund Board -- Appellate Authority cannot direct sharing of work by registered workers and other headload workers. Lilly Varghese v. District Labour Officer, 2013 (1) KLT 585.
Even in the notified areas, right of an employer to employ his own headload workers cannot be discarded. Majeed v. District Labour Officer, 2015 (1) KLT 750.
Itis open to an employer to engage permanent headload workers attached to his establishment to do the loading and unloading work whether it is in an area where scheme is made applicable or not and even if registered pool workers are available in the locality.
V Star Creations (P) Ltd. v. District Labour Officer, 2012 (2) KLT 883.
Notwithstanding the fact that a worker has no registration under R. 26A, he can be employed by any employer in any area in which the Scheme has not become functional.
Nujumudeen v. City Police Commissioner, 2011 (3) KLT 268.
Notice to the employer is also intended to enable the employer to ‘object to the notice of registration’ and there is an obligation on the registering authority to consider the objections.
Theresa Jose v. Sub Inspector of Police, 2015 (1) KLT 485 (L.B.).
Obstruction to loading/unloading work by a dealer using his own permanent workers having registration - Disputes if any as to entitlement of permanent workers to work has to be adjudicated before appropriate authority -- Directions issued for police protection.
Nipun v. Circle Inspector of Police, 2014 (4) KLT SN 108 (C.N0.137).
Registration of an attached worker of a particular shop and registration of a new workman in the area -- Right of hearing of “aggrieved person” - In the first case only the employer and worker alone would fall within term “aggrieved person”.
Majeed v. District Labour Officer, 2015 (1) KLT 750.
There cannot be denial of employment to registered headload workers, even if establishment was shifted from one place to another place.
Eastern Condiments (P) Ltd. v. Sub Inspector of Police, 2012 (3) KLT 58.
There is no restriction against any Headload Worker seeking permanent employment under an employer in an establishment situated within the area of the operation of the Scheme.
Ramesh v. Assistant Labour Officer, 2013 (4) KLT 524.
Itis only when registration is granted to a fresh, unattached headload worker that the rights of the other unattached headload workers are affected in any manner.
Muhammed Shafeek v. District Labour Officer, 2015 (1) KLT 314.
The Secretary or functionary of the union of headload workers who constitute the pool of unattached workers of the locality has not been conferred a right of hearing — They also do not have any right to claim a right of appeal.
Muhammed Shafeek v. District Labour Officer, 2015 (1) KLT 314.
NoprovisionintheAct, Rules or Scheme prohibits anemployer/establishment from permanently engaging or appointing a Headload Worker exclusively for the works in such establishment, even if such establishment is situated within the area of the operation of the Scheme or even if he was engaging workers from the pool. Ramesh v. Assistant Labour Officer, 2013 (4) KLT 524.
Rule 26A -- Trade unions have no right to say that workers employed by petitioner, who are registered under Rules and to whom identity cards have been issued, are not entitled to be employed on ground that they are not members of any trade union.
TMV Natural Oils and Extracts (P) Ltd. v. Sub Inspector of Police, 2016 (4) KLT 784.
THE KERALA HEADLOAD WORKERS RULES, 1981 49 Rule 26A — Employees of an establishment who had applied for registration as headload workers are entitled to obtain registration as headload workers.
Prasanna Kumar v. District Labour Officer, 2021 (5) KLT OnLine 1056.
Rule 26A — The grant or rejection of an application for registration of other employees of the same establishment is not a ground to refuse even a consideration of applications filed by other employees of the very same establishment.
Christy Siby v. Assistant Labour Officer, 2021 (6) KLT 444.
Rule 26A — The need or the requirement of headload workers in an establishment and their sumbers are all matters to be decided by the employer.
Christy Siby v. Assistant Labour Officer, 2021 (6) KLT 444.
Rule 26A — The nature of work indulged in by the applicants, prior to the application for registering as headload workers, has no significance as the applicants could not have worked as neadload workers or do headload work in a scheme covered area, without obtaining registration.
Brijesh John v. Assistant Labour Officer, 2022 (1) KLT 473.
Rule 26A — 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. Brijesh John v. Assistant Labour Officer, 2022 (1) KLT 473.
Rule 26A — Certification of the service registers is not a condition precedent for grant of registration under Rule 26A of the Rules. Brijesh John v. Assistant Labour Officer, 2022 (1) KLT 473.
Rule 26A — The employees of an establishment, who had applied for registration as headload workers, are entitled to obtain registration as headload workers.
Brijesh John v. Assistant Labour Officer, 2022 (1) KLT 473.
Rule 26A — As per proviso to Section 9A in the case of works which require the assistance of skilled persons and which are to be done with due diligence or require the aid of machinery, such works may be done by engaging the persons having such skill or by the machinery.
Hadiyya Logistics Private Limited v. Jayan, 2021 (3) KLT 22.
Rule 26A — Considering the nature of work in the ware-house, manual headload workers will have no right to claim that they should be engaged to the exclusion of machines or skilled workers who operate the equipment. Hadiyya Logistics Private Limited v. Jayan, 2021 (3) KLT 224 Rule 26A — To be a headload worker as contemplated under the Act, one must be a registered headload worker. Manzoor v. District Labour Officer, 2021 (5) KLT 554.
Rule 26A — The reasoning that one should have done headload work in the establishment to be a headload worker, would lead to an anomalous situation, where, no new persons could ever be registered as a headload worker in a scheme covered area.
Manzoor v. District Labour Officer, 2021 (5) KLT 554.
Rule 26A — The inclination or willingness to do headload work along with consent of the employer to employ the person as a headload worker, will satisfy the requirements of the Act and Scheme to obtain registration as a headload worker.
Manzoor v. District Labour Officer, 2021 (5) KLT 554.
Rule 26A — A permanent worker, engaged by an employer of an establishment situated in areas covered by the scheme, can register himself as a headload worker under Rule 26A of the Rules. Sunny Varghese v. Assistant Labour Officer, 2022 (1) KLT 570.
Rule 26A — Any person who is willing to do loading and unloading must have the freedom to do the said work unless it is curtailed by a reasonable restriction — If the restriction of registration curtails the fundamental right of every individual to do headload work and the said restriction has to be constitutionally valid, without falling foul of Article 19(1 )(g) and Article 14.
Sunny Varghese v. Assistant Labour Officer, 2022 (1) KLT 570.
Rule 26A — The provisions of the Act relating to registration have been read down to mean willingness to do headload work with sufficient physique and the employer’s consent is sufficient to grant registration. Sunny Varghese v. Assistant Labour Officer, 2022 (1) KLT 570.
I — 50 THE KERALA HEADLOAD WORKERS RULES, 1981 Rule 26A — Merely because the existing cardholders have a right of appeal, it does not mean that registration cannot be granted to the permanent employees.
Sunny Varghese v. Assistant Labour Officer, 2022 (1) KLT 570, Rule 26A — The reduction of income or job opportunities for existing headload workers is not a ground under law for denying registration to workers who are willing to do loading and unloading works in an establishment that falls under areas covered by the scheme.
Sunny Varghese v. Assistant Labour Officer, 2022 (1) KLT 570.
Rule 26A — Where no scheme is implemented in an area, then there is no specific requirement for getting a registration under Rule 26A of the Rules — The mere fact of registration under Rule 26A in an area where there is no scheme implemented or Pool constituted, would not confer any right on the registered worker to claim work under any employer within that area.
Sureshkumar v. District Labour Officer, 2021 (2)KLT 313 (F.B.).
Rule 26A — When a scheme is implemented and headload workers with Rule 26A Cards are issued with Rule 6A Cards under the scheme then they become the unattached workers of the area, who carry on regular or incidental loading and unloading work in that area -- This right also does not extend to the work in establishments/employers who have attached workers having registration under Rule 26A. Sureshkumar v. District Labour Officer, 2021 (2) KLT 313 (F.B.).
Rule 26A — Jnana Prakasam (2002 (1) KLT 39) is correctly decided but applies only to Scheme covered areas — As far as the principles propounded by the Single Judge in Arogyaswamy (2000 (3) KLT 676), it applies in non-Scheme areas.
Sureshkumar v. District Labour Officer, 2021 (2) KLT 313 (F.B.).
Rule 26A — In a non-Scheme area an existing headload worker registered under Rule 26A has no right to be participated in an enquiry contemplated under Rule 26A for registration and also has no right to appeal under Rule 26C against the grant of a fresh registration.
Sureshkumar v. District Labour Officer, 2021 (2) KLT 31 3 (F.B.).
Rule 26A — In a non-Scheme area the right of an existing headload worker registered under Rule 26A, to object to a fresh registration is by approaching the Registering Authority under sub-rule (4) of Rule 26A from which order there could be an appeal maintained under Rule 26C.
Sureshkumar v. District Labour Officer, 2021 (2) KLT 313 (F.B.).
Rule 26A — In the case of Scheme covered areas no unattached worker who has a registration under Rule 6A of the Scheme of 1983 has the right to be participated in an enquiry, contemplated under Rule 26A for registration of attached workers — They would however be represented by the Local Committee before the Registering Authority.
Sureshkumar v. District Labour Officer, 2021 (2) KLT 313 (F.B.).
Rule 26A — In a Scheme covered area when a fresh registration is granted under Rule 26A to attached workers then an unattached worker or his Union or even the Pool leader could file an appeal under Rule 26C against the fresh registration.
Sureshkumar v. District Labour Officer, 2021 (2) KLT 313 (F.B.).
Rule 26A — The Assistant Labour Officer or the District Labour Officer, as the case may be, are bound to conduct periodical inspection in establishments where headload workers having registration under 26A are working to ascertain whether such headload workers are regular workers of the establishment and are being provided with work on a regular basis.
Vetro Traders and Integrated Services v. Sub Inspector of Police, 2019 (3) KLT 825.
Rule 26A — Only regular workers in the pay-roll of the employer can be issued with Rule 26A cards and moonlighting of workers with different employers cannot be permitted.
Vetro Traders and Integrated Services v. Sub Inspector of Police, 2019 (3) KLT 825.
Rule 26A — The mere fact that Rule 26A cards have been issued would not enable the cardholders to seek loading and unloading work in the area as a matter of right — Such a right arises only when the scheme under the Headload Workers (Regulation of Employment and Welfare) Scheme is extended to the area and a pool is constituted, wherein members are issued with Rule 6A cards. A and J Granites v. Station House Officer, 2019 (3) KLT 738.
THE KERALA HEADLOAD WORKERS RULES, 1981 51 Rule 26A — Only a headload worker, having registration and identity card under Rule 26A of the Rules, is eligible for registration under Para 6A. Makkar v. State of Kerala, 2019 (3) KLT 518.
Rule 26A — An establishment can use their own registered workers in a different place even # the registration has been done by the competent Authorities at another place.
Southern Agencies v. Sub Inspector of Police, 2018 (4) KLT 862.
Rule 26A —Factthatemployer has another work place cannot be areason to deny employment 1o headload workers already engaged by him — Headload workers registered under Rule 26A cannot be asked to have themselves re-registered in another place merely for the reason that their employer has started an additional place of work elsewhere — Pool workers cannot cause obstruction.
A One Furniture v. Sub Inspector of Police, 2018 (2) KLT 731.
Rules 26A & 26C - When registration is granted to attached workers of an establishment, unattached workers will have a right to challenge said registration, if according to them registration is given without conducting proper enquiry into the matter.
Shereef v. Muhammed Shefeek, 2017 (3) KLT 106.
Rule 26A(2) - Rule does not envisage issuance of any notice before registration to existing registered ‘unattached workers' in area and no right is conferred upon them to submit objections.
Gangadharan v. Abdul Nasir, 2016 (4) KLT 592.
Rule 26A(2) - Right to live is there for a person, who becomes eligible, to get registered and 1o eke out his livelihood in area — Nobody can contend that those who became fortuitous to have obtained registration earlier could alone continue as such, denying similar rights to others.
Gangadharan v. Abdul Nasir, 2016 (4) KLT 592.
Rule 26A(2) —- When there is a dispute with reference to non-compliance of Rule 26A(2) it would be proper for Assistant Labour Officer to reconsider the matter in accordance with law after issuing a proper notice to the Board rather than assuming that there is valid notice.
Shereef v. Muhammed Shefeek, 2017 (3) KLT 106.
'[26B. Registration of dependents of workers dying-in-harness.— (1) Notwithstanding anything contained in these rules, if a headload worker in the rolls of the Committee dies while in service, that dependent of the deceased headload worker who has been registered in the Committee under the Scheme as per para 6C or 6E of the Kerala Headload Workers (RE&W) Scheme shall be registered under these rules by the Registering Authority.
In doing so, the Registering Authority shall be guided by the communication received from the Committee as per para 6C of the Scheme.
(2) The granting of such registration shall be intimated to the Committee and to the dependent worker concerned.
26C. Appeal.—- (1) Any person aggrieved by an order of the Registering Authority under 2[sub-rules (3) or (4)] of Rule 26A may file an appeal within 60 days from the date of receipt of such order before an officer not below the rank of District Labour Officer notified by Government as Appellate Authority in this behalf:
Provided that the Appellate Authority may admit an appeal filed after the expiry of the said period if he is satisfied that the appellant has sufficient cause for not filing the appeal within the said period:
Provided further that no such appeal shall be admitted after a period of six months from the date of the order of the Registering Authority appealed against.
(2) On receipt of an appeal, the appellate authority may make such enquiries as he deems fit and after giving the employer if any and headload worker an opportunity of being
1. Inserted by S.R.0. No.1172/89 G.O. (Rt.) No,1258/89/LBR dt. 4.7.89.
2. Substituted by S.R.0. No.431/94 published in K.G. Ext. No.336 dt. 13.4.1994.
e S S A S 52 THE KERALA HEADLOAD WORKERS RULES, 1981 heard and decide the appeal within a period of 30 days from the date of receipt of the appeal. The decision of the appellate authority shall be final.
NOTES Issue of identity cards -- Competency of appeal — Appeal shall lie against an order allowing registration consequent on which identity cards are issued.
Trivandrum District Headload Workers Union v. District Labour Officer, 2002 (1) KLT 547.
The word ‘aggrieved’ includes existing workmen. Existing workmen are entitied to maintain an appeal. Jnanaprakasam v. Natarajan, 2002 (1) KLT 39.
The word ‘aggrieved’ only refers to the employer, contractor or the applicant and none else.
Appeal by third persons or fellow employees is not maintainable.
Arogyaswamy v. District Labour Officer, 2000 (3) KLT 676 & Jnanaprakasam v. Natarajan, 2002 (1) KLT 39.
Rule 26C - Where Secretary of a Union of Workers have challenged the registration of certain employees of an establishment he also becomes a person aggrieved -- Appeal filed by him cannot be thrown away on the ground of locus standi.
Shereef v. Muhammed Shefeek, 2017 (3) KLT 106.
Rule 26C — Eventhough already existing registered unattached workers could be said as persons aggrieved on granting registration to more persons in area and hence are eligible to prefer an appeal in terms of Rule 26C, it is for appellate authority to consider all these aspects to an appropriate extent, giving effect to scheme of the statute, without compromising fundamental principle of equality before law and such other relevant provisions.
Gangadharan v. Abdul Nasir, 2016 (4) KLT 592,
27. Maintenance of Registers and Records by Employers.-- (1) Every employer shall maintain a Register of Employment and Wages in Form No.V.
(2) Every employer shall supply to every headload worker wage in Form No. VI on every Saturday, containing particulars for the week ending on that day.
1[(3) The Registers and records maintained under these rules shall be made available and produced or caused to be produced for inspection at all reasonable hours by an Inspector.]
(4) The registers and records required to be maintained under these rules shall be kept at the work-spot or Z[in the office of the employer] and the entries therein relating to each day shall be made on the same day.
(5) The employer shall obtain the signature or thumb impression of every headload worker in the Register of Employment and Wages and on the wage card at the time of the disbursement of wages.
NOTES Employer has to bear the charges for supply of labour cards and receipts which are to be maintained by them under S.27. Chamber of Commerce v. State of Kerala, 2010 (2) KLT 421.
Kerala Headload Workers Act is a comprehensive self-contained Code in matters relating to employers and employees including maintenance of registers and records and other personalities.
It shall prevail over provisions of Minimum Wages Act, 1948 and Kerala Shops and Commercial Establishments Act, 1960. Provisions of the above two enactments are not available for prosecuting the employers after the commencement of Headload Workers Act and Rules.
Das Paul v. Assistant. Labour Officer, 1986 KLT 249.
Rule 27 — Though, there is no specific provision for intimating the jurisdictional Assistant Labour Officer in regard to the engagement of the permanent headload workers registered elsewhere, the
1. Substituted by S.R.0. No.1172/89 G.O. (Rt.) No.1258/89/LBR dt. 4.7.89.
2. Substituted by S.R.O. No.1172/89 G.O. (Rt.) No.1258/89/LBR dt. 4.7.89.
e ——————— ) THE KERALA HEADLOAD WéRKERS RULES, 1981 53 of Rule 27 will be served oniy when such an intimation is given to the jurisdictional Assistant r Officer in those areas other than where originally they were registered.
K.K. Issac and Co. v. District Police Chief, 2020 (2) KLT 228.
Rule 27 -— The establishment which is having permanent employees is bound to maintain the r of such employees wherever they are engaged.
K.K. Issac and Co. v. District Police Chief, 2020 (2) KLT 228.
28, xxx]
CHAPTER V MISCELLANEOUS RULES PRESCRIBED UNDER CHAPTER XI
29. Recovery of money due from the employer.— The application for recovery of money due to a headload worker from the employer shall be in Form No. VII 2[xxx].
30. Recovery of money due from headload workers.—- The application for recovery of money due from a headload worker to an employer under Section 38 shall be in Form No.VIIl and shall be accompanied by sufficient number of additional copies as there are opposite parties.
FORM | APPLICATION FOR PAYMENT OF WAGES (See Rule 3(1)) Application under Section 11 of the Act Before the Conciliation Officer Appointed under the Kerala Headload Workers Act, 1978 Name(s) and Address(es) of the Headload Workers Applicant(s) Name(s) and Address(es) of the Employer(s) Opposite Party/Parties The applicant(s) above mentioned state(s) as follows:-- 3[(1) The applicant(s) has/have been employed by the opposite party/parties as detailed below:-
(a) Date(s) and details of work done during hours between 7 a.m. to 7 p.m.
(b) Date(s) and details of work done during hours between 7 p.m. to7amJ]
(2) The opposite party(s) are the Employer(s) within the meaning of Section 2(b) of the Headload Workers Act, 1978 (Act 20 of 1980).
(3) The wages prescribed under Section ................ of the said Act and payable for the above category of work is X .. for days and an amount of T ............... is due from the employers for the period from . (here enter dates).
The amount actually paid to the applicant(s) is at ¥ The balance amount payable is T SN
(4) The applicant, therefore, prays that a direction be issued to the employer under subsection (2) of Section 11 of the Act for the payment of the above said balance amount to me.
. Rule 28 omitied by S.R.O. No.1172/89 G.O.(Rt) No.1258/89/LER dt. 4.7.1989.
2. The words “and shall be accompanied by as many copies as there are opposite parties” omitted by S.R.O.
No.1172/89 G.O. (Rt.) No.1258/89/LBR dt. 4.7.1989.
3. Substituted by S.R.0. No.1172/89 G.O. (Rt.) No.1258/89/LBR dt. 4.7.89.
R — T 54 THE KERALA HEADLOAD WORKERS RULES, 1981
(5) The applicant(s) does/do solemnly declare that the facts stated in the application are true to the best of his/her/their knowledge, belief and information.
Station:
Signature or Thump Impression Date:
of the Applicant (s) Note: -- In filling up the Form score off portions not applicable.
FORM I (See Rule 3(2)) NOTICE TO THE OPPOSITE PARTY/PARTIES TO APPEAR BEFORE THE CONCILIATION OFFICER APPLICATION NO.
Applicant(s) Opposite Party/Parties WhEFEas.....corvseeneeremsnasense he made i ans set Do paifiHeracentor the name of the applicant(s) the above said application to me under the Kerala Headload Workers Act, 1978 (20 of 1980) you are hereby called upon to appear before me in person or by a duly authorised agent who can answer all material questions relating to the application or who shall be accompanied by some person who is able to answer all such questions, on TG oic it ieniininentbeesasmnese s s seelocs et L CliiETeNe a.m./p.m. to answer the CLAIM with all documents and WITNESSES if any.
Please take notice that in the event of your failure to appear before me on the appointed date and time the application will be heard and determined in your absence.
Copy of the application is enclosed.
Place:
Date:
Signature of the Conciliation Officer He is requested to be present before me on the above date, time and place with all relevant records.
Place:
Date:
Signature — T THE KERALA HEADLOAD WORKERS RULES, 1981 FORM Il [See Rule 28] MEMORANDUM OF SETTLEMENT |. Parties to the dispute:-
(a) Representing employer: -
(b) Representing Headload Workers:- Il Short Recital of the Case:- 1l Terms of settlement I\V. Signature of parties Place:
Date:
55 Signature, designation and address of Conciliation Officer.
FORM IV [See Rule 26] REGISTER OF HEADLOAD WORKERS Name of Local Body :
Nature | Name Date | Date of | Regis- Date of | Signa- Sl. | Name Father's | Date No. and Name or of of and of regi- | tration | comme- ture Address | husband's | Birth work | Address | appli- | stration No. |ncement| —of of Name of cation of regi- Headload Emplo- | for service | stering Workers yer regiauthostration rity q 2 3 4 5 6 7 8 9 10 1 THE KERALA HEADLOAD WORKERS RULES, 1981 )
(e)(ow)
(e) (6)
(e)(8) ®)(2) (®)(9)
(8) ()
(8) (v)
(e) (@
(1) ‘ w e y z w d y z w e y z w d g z ‘ w e z w d , w e y z w d y ‘ w e 2 w d y ‘ w e y z w d z w e y z w d y o) o) o o) o} o o} ‘ w d / w e , C w d y w e y ‘ w d z w e ;
w d y w e L w d z w e z w d y ‘we/, w d z ' w e y anp sabep lejop Kepinjeg Kepuy Aepsiny ) A e p s a u p a p A e p s e n Kepuopyy Aepung S I S O AKep yoes uo enp sebem Jo Junowe pue pesuom sinoy ‘ajeq SHom peojpesy ‘oN 10 aimeN josweN | woy BurouswLwoD yiom ayy 4o} (9aKojdws sy} Jo ssaippe pue s w e u 8y} Jejue aloH) “* uo Buipus pue * Aq pauejuiely S3OVM ANV LNIWAOTdNT 40 ¥ILSIDTY [()22 ainy s9s] A W 0 4 57 (¥2) (e2) (z2)
(12)
(02)
(61) Syleway J1ahojdws Jo s y e w a y o u B R I W a l JO s|iejeq e o L @8hojdw3 Jo ateyg aNp 1ayIoMm Jo aleys slejnoed souepIWeY 3 8NP UORNGUILOD PUNS BIEHOM THE KERALA HEADLOAD WORKERS RULES, 1981
(81)
(21)
(91)
(51)
(1) (e1) (z1) Joxiom 8y} Jo uoissaidwi J u s w A e q pled s u o n a n p a g 8 o u e A p e u o p n q u i u o y QE..E.— Jo Q :
« N c m _ w j o 8 e q J u n o w y B N |ejor J a y i o j o > .
_ 0 > 8 0 K p u n 4 g a l e j s p suojonpaq (""GLNOD) A W ¥ O 4 58 THE KERALA HEADLOAD WORKERS RULES, 1981 FORM VI [See Rule 27(2)] FOR THE WEEK COMMENCING FROM Name and address of the employer Name of headload worker No. of days worked Units of work done Nature of work done Date of wages Wages, '[(a) Basic Wages
(i) Wages due for work done during 7 a.m. to 7 p.m.
(i) Wages for work done during 7 p.m. to 7 a.m.
(one and half times wages)
(b) DA.
(c) Other allowances
8. Gross wages payable
9. Deduction
(a) Welfare fund contribution
(i) Employee’s contribution
(i) Employer’s contribution
(b) Other deductions, if any
10. Net amount paid
11. Date of payment i L S P Signature of the employer Signature or thump impression or his authorised of the headload worker representative
1. Substituted by S.R.0. No.1172/89 G.O./Rt. No.1258/89/LBR dt. 4.7.89.
GRS e e ————— THE KERALA HEADLOAD WORKERS RULES, 1981 59 FORM ViI [See Rule 29] APPLICATION FOR RECOVERY OF MONEY DUE FROM THE EMPLOYER No Applicant (s) Opposite party mfi(s) above mentioned submit(s) that he/she/they/the headload workers and address are/is mentioned in the list enclosed is/are registered headload with (here enter the names and addresses of the employer) and that a sum of %.................. (Rupees = nim/her/them from the above mentioned employer under settiement dated . arrived at before .
The details of the claim are mentioned below in the Annexure. It is therefore #at early action may kindly be taken to recover the amount from the employer as n Section 36 and disburse the amount to the applicant (s) concerned.
Signature of Applicant FORM VIl [See Rule 30] APPLICATION FOR RECOVERY OF MONEY DUE FROM THE HEADLOAD WORKERS Applicant(s) Opposite party Applicant submits that he is an employer, employing “eadioad workers. An amount of ¥ “ue to the applicant from the headload worker/Shri .... from the headload mentioned in Annexure as per the settlement dated arrived at before H .and . or decision dated The details of the claim are mentioned fimv in the Annexure. It is therefore prayed that orders may kindly be issued early for the gayment of the amount in ................... instalments as provided in Section 30.
Certified that the information furnished above is true to the best of my knowledge and Date: Signature of the Applicant 60 THE KERALA HEADLOAD WORKERS RULES, 1981 ANNEXURE DETAILS OF THE CLAIM LIST OF HEADLOAD WORKERS FROM WHOM MONEY IS DUE SI. No. Name Amount Due:
FORM IX [See Rule 26A(1)] APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS
1. Name and Address of the headload worker
2. Name(s) and Address(es) of the employers under whom the headload worker is working
3. Nature of work Date of Birth & Age of headload worker
5. Date of commencement of work under the employer :
s .. solemnly affirm that the particulars furnished above are true to the bes of my knowledge and belief and request that my name may be registered.
= Place:
Date : Signature of the Applicant 'FORM X [See Rule 26A(2)] NOTICE Applicant (s) Opposite party Whereas the applicant (s) mentioned above has/have filed application(s) for registration as headload worker(s) in Form IX, copy enclosed, you are hereby requested to file objections, if any, within 15 days from the receipt of this notice with .. additional copies.
You are also requested to be present before me in this office on at a.m./p.m. for hearing in the above matter with relevant records and witnesses without fail.
If you do not file any objection and if you do not attend the hearing, it will be presumed that you have no objection in registering the applicant (s) as headload worker(s) and a decision will be taken in your absence.
Dated this'the'.............0L LT dEUISRESIEERVE & scicnat 2 ) 2 20 Encl :
Place :
Date :
'[Signature of the Registering Authority] Official designation:
Address :
1. Substituted by Notification G.O. (Rt.) No.18/83/LBR dt. 7.1.1983 published in K.G. No.40 dt. 7.1.1983.
e ——————— T T e THE KERALA HEADLOAD WORKERS RULES, 1981 61 To Copy to .. ....(Applicant (s))- He/they/ is/are also requested to be present for the hearing ON ........owwseesenseens at.
a.m./p.m ... in with relevant records and witness if he is absent, on that day, decision wm be taken in his absence.
[FORM XI [See Rule 26A (3)1 IDENTITY CARD
1. Reg. No.
2. Name of the worker
3. Address of the worker
4. Age and date of birth Passport size Photo
5. Nature of work (issuing authority
6. Name and address of the employer, shall sign over the photo with office seal) if the worker is employed by @ particular employer
7. Area where the worker normally works Registering Authority (Assistant Labour Bmeer........... ) 2KERALA HEADLOAD WORKERS ACT, 1978 AND THE RULES FRAMED THEREUNDER IDENTITY CARD ....PanchayaUMunicipalitleorpora tion
1. Substituted by Notification No.1258/89/LBR dt. 4.7.89.
2. Cover of Identity card.
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