Manjula Chellur,CJ
Petitioner is before this Court contending that the go-down run by him at Asramam Wharf premises is not within the scheme covered area of Headload Workers' Welfare Fund Board. According to Standing counsel for respondent Board, area in question falls within the scheme covered area, therefore in the absence of any registered workers for petitioner employer, he has to take work from workers who are entitled to have the work within the said area.
2. According to petitioner, Ext.P3 is the report by Labour Officer dated 27.03.2014 indicating the name of workers from whom the petitioners could take work. According to party respondents, said Ext.P3 is a report made by an incharge Labour Officer when regular Labour Officer was on leave. Therefore, W.P.(c) No.11734 of 2014 2 said report cannot be treated as any order passed by District Labour Officer having authority to pass such orders. Even otherwise, now conciliation proceedings are pending and both the petitioner and party respondents have taken part in the said proceedings.
3. The above said fact is confirmed by State Attorney that conciliation proceedings are pending. In order to understand whether it is within the scheme covered area and other details, the respondent-Board should also take part in the conciliation proceedings and the District Labour Officer shall afford an opportunity to the Board also to place on record necessary details.
4. In the above circumstances, we fail to understand what effective and adequate police protection could be given to the petitioner in the absence of having any registered workers in terms of procedure contemplated under the Act. Accordingly, proceedings are closed, directing the parties to abide by the orders of the District Labour Officer in the conciliation.
5. The District Labour Officer, during the conciliation proceedings, shall also take into account validity or otherwise W.P.(c) No.11734 of 2014 3 and whether modification of Ext.P3 is required or not. However, till conciliation proceedings are completed petitioner shall carry on his work with the assistance of Ext.P3 report or order which is on record. Petitioner shall cooperate in the conciliation proceedings. District Labour Officer is directed to complete the entire process by end of June 2014.
6. Till District Labour Officer completes his proceedings, respondent police shall afford adequate and effective protection to petitioner.
With the above observation, this writ petition is closed.
MANJULA CHELLUR, CHIEF JUSTICE
P.V.ASHA, JUDGE.
sj22/05