The petitioner is aggrieved with the non-supply of the workers from the Pool to the petitioner's establishment. The business is carried on in an area covered under the scheme under the Kerala Headload Workers Act, 1978. The petitioner had been carrying on the loading and unloading work by the workers of respondents 1 to 4 Unions. However, after the scheme was notified, by Ext.P3 order, the 5th respondent imposed fine on the petitioner for having engaged workers of respondents 1 to 4 who have no registration under Paragraph 6A of the scheme. The petitioner in the writ petition seeks for production of adequate and sufficient number of workers; i.e, registered workers for carrying on the loading and unloading work. 2. The learned Standing Counsel appearing for the respondent Board, on instruction, submits that there is at present acute shortage of workers and that is why the Board has not provided registered workers to the petitioner. The learned W.P(C) No.25250/2014 ::2::
counsel on instruction, also undertakes that workers will be provided within ten days.
3. However, the petitioner cannot be asked to hold on the loading and unloading work till the Board supplies workers to the petitioner. In the context of the Board contending that there is an acute shortage of workers, on the Board not supplying the workers, despite a request being made, the petitioner would be entitled to engage the workers of the respondents 1 to 4.
4. Writ petition is disposed of making it clear that no punitive steps should be taken against the petitioner for such engagement of workmen, provided that a request was made, before engaging workers who are not registered.
Writ petition disposed of.
jma //true copy// Sd/-
(K. VINOD CHANDRAN, JUDGE) P.A to Judge