AI Structured Summary
Not yet generated for this judgment
Judgment
Gopinath P, J
Admit. Issue notice by speed post to respondents 1 to 3. Standing Counsel takes notice for 4th respondent. Government Pleader accepts notice for
respondents 5 to 8.
It is the case of the 1st petitioner that he has taken over a unit along with the employees from the 2nd petitioner. He submits that the employees of
the 2nd petitioner have registration under the Headload Workers Act which is evidenced by Exts.P4 to P11. He states that since the workers have
been taken over by him, the headload workers represented by respondents 1 to 3 cannot demand that they alone shall be engaged in doing the loading
and unloading work. It is rightly pointed out by the learned Standing Counsel for the 4th respondent that Exts.P4 to P11 show that the name of the
employer as the 2nd petitioner and not the 1st petitioner. He also submits that unless the 1st petitioner makes a proper application along with proof to
show that he has taken over the employees in question, the registration issued to them as evidenced by Exts.P4 to P11 cannot be used to deny work to
the headload Workers represented by respondents 1 to 3. Considering the nature of the averments in the writ petition and considering the submissions
of the learned counsel for the petitioners that he has already submitted necessary documents to 8th respondent regarding the take over of the
employees of the 2nd petitioner by the 1st petitioner, there will be an interim order directing the 6th respondent to ensure that no obstruction is caused
by members of respondents 1 to 3 to the works being carried out by the workers covered by Ext.P4 to P11 for a period of two weeks.
The petitioners shall take all steps to ensure necessary endorsement regarding take over of employees of the 2nd petitioner by the 1st petitioner.
The petitioner shall also produce all documents to show that the workers covered by Ext.P4 to P11 have been engaged by the 1st petitioner on a
permanent basis. If the necessary documents are produced before the 8th respondent, the 8th respondent shall endeavour to consider the same and
pass orders on the application made by the 1st petitioner within the aforesaid period of 2 weeks.