Kerala High Court stays charging of loading, stacking charge by workers at Food Corporation of India godowns

The Kerala High Court recently stayed an order passed by District Labour Officer of Palakkad allowing headload workers at the Food Corporation of India godown to charge 'atti-cash' (stacking charge) and 'kettu-cash' (loading charge) [Geso George N v. State of Kerala and Ors]..Single-judge Justice AM Badar issued notice to the respondents including the District Collector and District labour Officer of Palakkad as well as Kerala State Civil Supplies Cooperation Ltd. (SUPPLYCO) and the General Manager of Food Corporation of India (FCI) Regional Office..The petition was filed by the proprietor of M/s Central Engineering Company challenging the practice of charging additional stacking and loading charges by the head load workers employed by FCI at various godowns where the petitioner operates..The petition, filed through Advocate Renjith B Marar, stated that the petitioner had participated in the E-Tender invited by SUPPLYCO, for lifting, transportation, handling and delivery of ration articles from source godowns to destination godowns. He was later awarded the the tender for Palakkad and Chittoor Taluk and executed the Agreement..However, shortly after that, the head load workers at the FCI godowns started demanding additional wages as 'Atti-Cash' and 'Kettu-Cash' , the plea alleged.According to the petitioner the same is illegal and unsustainable in law as directions have been issued by various authorities in the past to not provide any additional wages to the workers at FCI godown, as they are salaried employees of the FCI..The petitioner raised this issue in a meeting called by the District Collector, Palakkad and preferred a representation before the General Manager, FCI seeking clarification regarding the additional payments demanded, the plea said.In response, it is submitted that he received a letter on June 1, 2021 from the Assistant General Manger of FCI, Thiruvananthapuram directing the authorities to take necessary action against the workers who are demanding extra wages for the work as against the provision of Model Standing Orders framed under Industrial Employment (Standing orders) Act 1946..However, it was claimed that on July 2, 2021, the District Labour Officer, Palakkad without having any jurisdiction passed an order under Section 21(4) of the Kerala head Load workers Act, 1978 stating that the Head Load Workers at FCI, Palakkad are eligible for accepting 'Atti- Kooli' and the petitioner is liable to pay any such pending charges as well..The primary contention of the petitioner was that the provisions of the Kerala Headload Workers' Act are applicable to whole of Kerala in respect of all establishments except those which are owned and controlled by the Central Government. .At the hearing last week, advocate Marar submitted that the Food Corporation of India is an establishment owned and controlled by the Central Government and as such, the provisions of Kerala Headload Workers' Act are not applicable to the Food Corporation of India.He further argued that consequently, the District Labour Officer has no jurisdiction in respect of the workmen of the Food Corporation of India..The Court saw merit in the arguments of the petitioner and stayed the order issued by the District Labour Officer which allowed charging of 'atti-kooli' for a period of ten weeks after which the case will be heard again..[Read Order]