A Division Bench of the Kerala High Court has held that an employer is free to employ skilled and semi-skilled persons for dealing with delicate and precious/sophisticated articles instead of engaging headload workers.
The Bench made the observation recently while dismissing an appeal filed by headload workers unions challenging a single judge order permitting certain employers to engage their own specialised workers for loading and unloading electronic equipment and appliances and providing for police protection for the same.
The unions contended that television, refrigerator, microwave oven, electronic kitchen ranges, mobile phones, electronic tablets, etc. were not delicate and sophisticated items as claimed by the petitioners and do not require any special skill.
Dismissing the appeal, the Bench observed that every kind of loading and unloading could not be conducted by an ordinary headload worker registered under the Kerala Headload Workers Act and the Rules. The employer was free to employ skilled and semi-skilled persons for dealing with sensitive and precious/sophisticated articles. Any prevention or obstruction thereto will lead to right to livelihood under Article 21 of the Constitution of India.
