Headload workers have no right to demand loading, unloading work at Sabarimala, Pampa, Nilackal: Kerala High Court

The Kerala High Court on Friday declared that headload workers registered under the Kerala Headload Workers Act, 1978 have no legal right to insist that they should be engaged for the loading and unloading activities in Sabarimala and surrounding areas. (Suo Motu v. Travancore Devaswom Board & Ors.).A Division Bench of Justices Anil K Narendran and PG Ajithkumar issued the order after referring to previous decisions of the court on the matter. "Viewed in the light of the law laid down in the decisions, conclusion is irresistible that the headload workers having registration under the relevant statute have absolutely no legal right to insist that they should be engaged for the loading and unloading activities in Sabarimala, Pampa and Nilackal," the Court said..Further, the Court deemed it appropriate to direct the State Police Chief, the District Police Chief, and the Station House Officer at Pamapa to take necessary steps to ensure that "the loading and unloading or the transportation of pooja articles, raw materials for making prasadam and Annadanam, etc. and also other articles and goods for providing facilities to the pilgrims in Nilackal, Pampa and Sannidhanam, by the Travancore Devaswom Board, its contractors and other parties engaged in the Temple for allied activities, like providing facilities to the pilgrims, are not obstructed in any manner by any loading and unloading workers or their Unions or supporters.".The Court issued the order on a matter taken up by it suo motu on the basis of a report filed by the Sabarimala Special Commissioner, which stated that a cartel of persons claiming to be headload workers were causing obstructions to the loading and unloading of goods including those used for conducting pooja.The report stated that all the activities carried on in Sabarimala, Pampa and Nilackal are to facilitate activities of the temples situated there and to provide various facilities to pilgrims. Pooja articles, raw materials for making prasadam, raw materials for Annadanam, etc., are transported by the Travancore Devaswom Board in tractors, from Pampa to Sannidhanam. The Board also runs hotels and shops in the areas for use by pilgrims and the supply of necessary goods for running these establishments and other constructing other facilities were adversely affected by the obstruction caused by a cartel of persons claiming to be headload workers, the report said. .The Court considered the primary issue that arose which is whether headload workers registered under the Kerala Headload Workers Act, 1978 (the Act) and the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983, have any right to claim loading and unloading work at Sabarimal, Pampa and Nilackal..The Kerala Headload Workers Act, 1978 which was enacted to, inter alia, regulate the employment of headload workers in the State, make provisions for their welfare and for the settlement of disputes in respect of their employment or non- employment..The Court cited Thuravur Mahakshetra Bhaktajana Samithy v. Administrative Officer in which it had occasion to consider the obstruction caused by headload workers in connection with the annual festival at the Thuravur Temple. In said decision, a Division Bench had stated in categorical terms that the Act only applies to the establishments mentioned in the Schedule and that the temple did not find a place in the same. Under such circumstances, obstructions, if any, by the headload workers should be removed by the police, the Court had said. The law laid down in this decision was followed by another Division Bench order of the Court in CS Rajagopal and Anr v. Travancore Devaswom Board and Ors. to hold that the Act and the Scheme do not apply to temples and its allied activities.The Court, in the instant, did not see any reason to differ from these decisions..Considering the circumstances stated in the report, the Court directed the police to ensure that loading and unloading work in and around Sabarimala of goods required for pooja or providing services to pilgrims are not obstructed in any way by headload workers in the area.[Read Order]