'Militant Trade Unionism Still Exists': Kerala High Court Pulls Up State For Failure To Eradicate Practice Of Gawking Wages

The Kerala High Court on Thursday raised its voice against the State's failure to wipe out the practice of charging gawking charges, popularly called 'nokukooli' in Malayalam despite a ban in force and repeated strict instructions from the Court.

Justice Devan Ramachandran expressed strong disappointment over the matter:

"It is without doubt that Kerala has had a history of militant trade unionism and the reputation of such continuous even today. The unfortunate result is that it is not often that our State is considered as an investor-friendly destination"

The Court noted that although there have been changes over the years and many deleterious tendencies have been arrested, the afore reputation has not been fully erased.

"This court hereby declares that any such demand by any person, headload worker, union, is illegal and unlawful; consequently direct the Station House Officer of the areas concerned to take stringent and strict action including under the various provisions of the Indian Penal Code depending on the nature of the allegations and ensure that the perpetrators are brought to book without any leniency, whatever be the colour of the flag they are working under or whatever flag they may hold allegiance to."

The High Court was hearing a petition filed by a hotel owner in Kollam seeking police protection. The Court issued a warning on the issue adding that investors were now scared to approach the State due to its image of promoting militant trade unionism.

"There can be little doubt that if the provisions of the (Kerala Headload Workers) Act are implemented properly, the impression of Kerala having militant trade unionism would vanish almost instantly. This is because, in the event of any employer refusing to engage a headload worker, the consequence would not be violence but a proceeding initiated before the (headload workers welfare fund) board which would then lead to the statutory consequences under the Act."

The Court emphasised that the provisions of the Kerala Headload Workers Act, 1978 (the Act) must be implemented effectively:

"The real remedy in ensuring that entrepreneurs and industry are not intimidated from coming and operating in Kerala is by ensuring that there is a peaceful atmosphere in the realm of labour and employment scenario and to a large extent this is possible only if the headload workers and their unions act totally within the confines of the provisions of the Act."

At the hearing today, Standing Counsel for Headload Workers Welfare Fund Board added that if any employer illegally refuses to employ a headload worker, the latter can approach the board and seek redressal in accordance with law

However, Government Pleader EC Bineesh, admitted that this is not the manner in which normally headload workers or their unions get employment.

The Court then decided to post the matter on November 1st. 

The Court had earlier asked why the ban was not being implemented effectively despite the ban. The bench had asked the state police chief to inform the steps taken in this regard. 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.

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.

Case Title: TK Sundareshan v. District Police Chief

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