Unacceptable For Trade Unions To Take Law Into Their Hands: Kerala High Court Slams State Over Continued Practice Of Gawking Wages

The Kerala High Court on Friday came down heavily on the State's continued inaction to wipe out the practice of charging gawking wages in the State despite a ban in force and instructions from the Court. 

Justice Devan Ramachandran while condemning the local practice popularly known as nokukooli in Malayalam, observed as such:

"It's not enough to claim that Kerala is an investment-friendly State; we have to live up to it. Why is the government not initiating action against trade unions taking the law into their own hands? I don't understand the hesitation. If this goes on, no one will be ready to invest in the State."

The Court noted that despite a ban on gawking wages being imposed almost a decade ago, the ban was not yet fully implemented. 

The Bench thus remarked: 

"This is shameful. As a citizen of the State, this issue concerns me." 

It was also pointed out by the Court that the primary reason for fewer employment opportunities in the State was the inhibition among people to invest in Kerala. 

This observation came in a matter where the petitioner had approached the Court seeking police protection against the practice of gawking wages. 

In a previous hearing of the matter, the Bench had directed the respondents to refrain from taking the law into their hands or to make any illegal demands against the petitioner or his workers in any manner.

Today, the Court issued strict directions to initiate severe action against those who demand such wages, and suggested that there should be a proper mechanism to protect the rights of labourers. 

"The legal enforcement system can be used to protect the rights of the labourers. It is unacceptable for trade unions in the State to take the law into their own hands."

The Bench also commented on a recent incident where an ISRO truck was blocked by workers demanding gawking wages and remarked that such incidents were insulting to the State. 

The Government Pleader told the Court that the State had registered around 11 cases for the local practice after 2018.

However, the court replied that the actual figures were much higher and that the same would be revealed if one took a count of petitions seeking police protection against the practice. 

'Gawking wages' is a term used to refer to the extortion by organized labour unions in Kerala under which wages are paid to trade union activists for allowing common householders/ investors/builders to unload belongings/materials using machines or their own labour.

Advocate R.T Pradeep appeared for the petitioner in the matter.

The matter has been accordingly disposed of. 

Case Title: Wilfred @Simon v. State of Kerala